Allowed

Sushila & Ors. v. State (the NCT of Delhi) & Anr.

Delhi HC16 Mar 2018W.P.(CRL)/98/2018

Case brief

AI extract

What is this about?

At the disposal of a writ petition in the medical negligence, the matter has been settled without fear and pressure, and the evidentiary Supreme Court has quashed and proceeded in the criminal proceedings. The petitioners were ordered to deposit costs.

What did the court decide?

FIR and all proceedings emanating therefrom are quashed. Petitioners to deposit costs of Rs. 15,000 with Prime Minister Relief Fund within two weeks.

Sushila & Ors. Vs State (the NCT of Delhi) & Anr. — Quashing and FIR | Delhi HC (2018)

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$~18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 98/2018

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SUSHILA & ORS. ..... Petitioners

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Through : Mr.Saurabh Sharma, Advocate along with petitioners present in person.

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versus

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STATE (THE NCT OF DELHI) & ANR. ..... Respondents Through : Mr.Sanjay Lao, ASC. Mr.Brijesh Kr.Singh with Mr.Dhananjay Kaushal, Advocates for the complainant along with complainant and other victims present in person. ASI Padam Sigh, PA Malviya Nagar.

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CORAM: HON'BLE MR. JUSTICE S.P.GARG

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O R D E R % 16.03.2018

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(1) Amended memo of parties has been filed. It is taken on record. (2) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.485/15 under Sections 354/354-B/323/509 IPC registered at Police Station Malviya Nagar. It is stated that the matter has been settled with the victims/respondents No.2 and 3 amicably. (3) Respondent No.2 and 3-complainant and victims are present before the Court along with their counsel. The Investigating Officer has identified them. I have enquired from the complainant and the W.P.(CRL) 98/2018 Page 1 of 2

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other victims whether the matter has been settled with the petitioners amicably without fear and pressure. They have informed that the matter has been settled without any fear or pressure and they have no objection to the quashing of the FIR.

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(4) The petition is supported by the affidavits of the parties. Memorandum of Understanding dated 16.12.2017 signed by the parties is on record. Cross-case vide FIR No.371/2015 under Sections 323/354/34 IPC registered at Police Station Malviya Nagar has also been settled.

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(5) Since the complainant/Respondents No.2 and 3 has voluntarily settled the dispute with the petitioners, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation, FIR No.485/15 under Sections 354/354B/323/509 IPC registered at Police Station Malviya Nagar and all the proceedings emanating therefrom are quashed.

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(6) The petitioners are, however, burdened with costs of ` 15,000/to be deposited with Prime Minister Relief Fund within two weeks. The Registry shall ensure the compliance of the order.

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(7) The petition is disposed of accordingly.

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S.P.GARG, J.

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MARCH 16, 2018/ sa

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Page 2 of 2

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W.P.(CRL) 98/2018

Sushila & Ors. v. State (the NCT of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Sushila & Ors. v. State (the NCT of Delhi) & Anr.

Case brief

What is this about?

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