Allowed

Pravesh Kumar v. State (Nct of Delhi) & Anr.

Delhi HC4 Jan 2016W.P.(CRL)/3044/2015

Case brief

AI extract

What is this about?

Court allowed quashing of FIR No.807/2015 registered under IPC sections 323, 342, 506, 509, 34, and 354 due to settlement via memorandum of understanding between complainant and accused, subject to payment of costs.

What did the court decide?

FIR No.807/2015 and all emanating proceedings quashed subject to deposit of Rs.30000/- by petitioners with DL High Court Legal Services Committee within two weeks.

Pravesh Kumar Vs State (Nct of Delhi) & Anr. — Delhi HC (2016) — LawSathi Research

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Signature Not Verified Digitally Signed By:AM UL YA

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Gulia, Adv. for the State along with SI Parmendra Kumar. Complainant in person.

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CORAM:

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HON'BLE MS. JUSTICE INDERMEET KAUR ORDER o/o 04.01.2016

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Crl.M.A.No.18713/2015 (exemption! in W.P.(CRL1 3044/2015 Cri.M.A.No.18945/2015 (exemption^ in W.P.fCRL) 3095/2015 Crl.M.A.No.l 8974/2015 (exemption! in W.P.(CRL) 3102/2015

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Exemption is allowed subject to just exceptions. Applications disposed of.

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W.P.rCRLl 3044/2015 & Cri.M.A.No.18712/2015 W.P.lCRLl 3095/2015 & Crl.M.A.No.18944/2015 W.P.(CRL1 3102/2015 & Crl.M.A.No.18973/2015

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These petitions seek quashing of FIR No.807/2015 registered under Sections 323/342/506/509/34 of the IPG; Section 354 of the IPG was also added later on. The FIR was registered on the complainant of respondent no.2/complainant.

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Parties have arrived at a settlement and a memorandum of understanding duly signed by all the parties i.e. the complainant and the accused i.e. three petitioners before this Court as also earlier unarrayed petitioners (Amit and Praveen) who were later on added, pursuant to which amended memo of parties has been filed which is record.

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It is stated that with the intervention of the elders of the society, the parties have settled their disputes and they have no grievance or complaint left against each other. They accordingly pray that the

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present FIR be quashed as the complainant does wish to pursue this litigation any further. Complainant is present. She endorses this position. Her presence has been identified by the Investigating Officer who is also present in the Court today.

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The memorandum of understanding arrived at between the parties which is a written document dated 17.12.2015 is a part of the record.

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Learned Counsels for the State has filed a status report. It has been submitted that if at all the present FIR is permitted to be quashed it should be quashed subject to costs as the State machinery has been put in to motion and the State has incurred expenses.

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Accordingly, noting the above submission made by the learned counsels for the State as also noting the averments made in the present petitions and the written document which is the memorandum of understanding arrived at between the parties, the prayers made in the present petitions are allowed; FIR No.807/2015 registered under Sections 323/342/506/509/34/354 of the IPC as also all the proceedings emanating therefrom are quashed subject to payment of Rs.30000/- to be deposited by the petitioners in equal proportion with the Delhi High Court Legal Services Committee within two weeks from today.

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Petitions disposed of.

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INDERMEET KAUR, J

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JANUARY 04, 2016 ndn

Pravesh Kumar v. State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Pravesh Kumar v. State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

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