W.P.(CRL)/1932/2024 of PRADEEP KUMAR AND ORS Vs GOVT OF NCT OF DELHI AND ANR
Parties
- PRADEEP KUMAR AND ORS (PETITIONER)
- GOVT OF NCT OF DELHI AND ANR (RESPONDENT)
Cited by (1)
Counts citations resolved within this build's own ingested judgment corpus. The true corpus-wide count will be higher until more of the corpus is ingested.
Statutes cited (4)
- code of criminal procedure, 482 (1973)
- constitution of india, 482 (1950)
- constitution of india, article-226 (1950)
- indian penal code (1860)
Full text
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*IN THE HIGH COURT OF DELHI AT NEW DELHI
+W.P.(CRL) 1932/2024
PRADEEP KUMAR AND ORS
..... Petitioners
ThroughMr. Ashutosh Mishra and Mr. SagarMishra, Advocatesversus
GOVT OF NCT OF DELHI AND ANR
..... Respondents
ThroughMr. Amol Sinha, ASC for the StatewithMr.KshitizGargandMr.Ashvini Kumar, AdvocatesMr. Nitesh Gupta, Advocate for R-2withMr.KshitizGargandMr.Ashvini Kumar, AdvocatesMr. Nitesh Gupta, Advocate for R-2
CORAM:HON'BLE MS. JUSTICE NEENA BANSAL KRISHNAO R R%02.07.2024CRL.M.A. 18792/2024(exemption)
1.For the reasons stated therein, the application is allowed.
2.The application is accordingly disposed of.
W.P.(CRL) 1932/2024
3.The petitioners vide the present petition under Article 226 of theConstitution of India Section 482 of the Code of Criminal Procedure, 1973seek quashing of FIR No. 717/2023 dated 20.12.2023 registered underSections 380/457/34 IPC at P.S. Jagat Puri Delhi and all proceedingemanating therefrom in view of the Settlement arrived at between theparties.
4.Issue notice. Learned ASC accepts notice on behalf of the State.
5.A request for quashing of the FIR has been made on account of theSettlement inter se the parties. It was interalia settled between the parties
that petitioner no. 1 shall pay sum of Rs. 6,00,000/- to the respondent no. 2as full and final amount. It is also stated that the petitioner no. 1 has alreadypaid Rs. 5,00,000 to respondent no. 2 and shall pay the remaining amount onquashing of the FIR. The Demand Draft bearing No. 654870 for the amountof Rs.1,00,000/- has been handed over in the Court. The parties are presentbefore this Court in person today, and have been identified by their counseland Investigating Officer concerned.
6.Today, the complainant who is present in Court states that he hasreceived all amounts due to him and has no objection if the FIR is quashed.
7.In view of the above facts that the parties have amicably resolvedtheir differences out of their own free will and without any coercion. Hence,it would be in the interest of justice to quash the abovementioned FIR andthe proceedings pursuant thereto. Moreover, there is no legal impediment inquashing the FIR in question.
8.Accordingly, FIR No. 717/2023 dated 20.12.2023 registered underSections 380/457/34 IPC at P.S. Jagat Puri Delhi, for offences punishableunder Sections 380/457/34 of the Indian Penal Code, 1860 ('IPC') and allconsequential proceedings emanating therefrom are quashed.
9.The petition stands disposed of.
NEENA BANSAL KRISHNA, J
JULY 2, 2024/PT