The court quashed an FIR under Section 420 IPC after settlement was reached between parties and the complainant died before the FIR was quashed, holding no useful purpose would be served in continuing proceedings.
FIR No. 51/2009 under Section 420 IPC registered at P.S. Parliament Street and proceedings pursuant thereto quashed.
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College. In terms of the settlementthe Petitionerhaspaidto the Respondent No.2 a sum of Rs. 5 lakhs on different dates as mentioned in the Memorandum of Understanding. Before the FIR could be quashed, the RespondentNo.2/complainantdied on 25^^ March, 2011. The factum of death of RespondentNo.2 has been verifiedby the State.
Learned APP on instructions from the Investigating Officer SI Ashwani Kumar also states that the complainant/RespondentNo.2 had given in writing to the InvestigatingOfficerthat he has settledthe matter and he does not want to pursue the abovementioned FIR.
In view of the fact that the matter between the parties was settled and the complainanthas died no useful purpose would be served in continuing with the abovementioned FIR and the proceedings pursuant thereto.
Consequently,in the interestofjusticeFIRNo. 51/2009under Section 420 IPC registered at P.S. Parliament Street and the proceedings pursuant thereto are hereby quashed.
Petition is disposed of Order dasti.
MUKTA GUPTA,J
DECEMBER 07, 2011 'ga'
CRL.M.C. 702/2011
page 2 of 2
1 issue framed by the court
Whether FIR under Section 420 IPC shall be quashed after settlement and death of the complainant.
2 provisions across 2 enactments
Petitioner
Respondent No.2
State
MUKTA GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
