Quashing of an FIR under Section 308 IPC registered against the petitioner following an out-of-court settlement, subject to the condition of depositing 100 plants of Amla with the Horticulture department.
FIR No. 268/2019 under section 308 IPC and proceedings quashed subject to deposit of 100 plants of Amla by the petitioner.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: December 06, 2019
+ W.P.(CRL) 2795/2019
PAWAN ..... Petitioner
Through Mr. Manoj Kumar, Advocate alongwith petitioner in person
Versus
STATE & ANR ..... Respondents Through Ms. Jyoti Babbar, Advocate for Mr. Rajesh Mahajan, ASC for the State with SI Mohit, P.S.: Mayur Vihar Mr. Durgesh Pal, Advocate for Respondent no.2 alongwith respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI JUDGMENT BRIJESH SETHI, J (oral)
The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 268/2019, under section 308 of the Indian Penal Code, 1860 (‘IPC’), registered at P.S.: Mayur Vihar Phase-I. Delhi and the proceedings emanating therefrom.
The petitioner and respondent no.2 submitted that they have settled their disputes on their own free will, without any force or coercion. Respondent no.2 stated that the does not want to pursue the matter.
W.P.(Crl.) 2795/2019
Page 1 of 2
Respondent no.2, who are present in Court, has reiterated the aforesaid facts and submitted that they have amicably settled their dispute. Respondent no.2 further submitted that he has no objection to the FIR being quashed and the petition being allowed.
The Investigating Officer, who is present in Court, has identified the petitioner as well as respondent no.2.
In view of the above settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 268/2019, under section 308 of the IPC, registered at P.S.: Mayur Vihar Phase-I and the proceedings emanating therefrom are quashed, subject to deposit of 100 plants of Amla by the petitioner with the Dy. Director, Horticulture, D-2/85, Pandara Road Nursery, New Delhi.
Parties are directed to file compliance report within a period of two weeks before the Registrar General, failing which cost of Rs. 20,000/shall be deposited with the Delhi High Court Legal Services Committee.
Petition is disposed of accordingly.
Copy of this order be given dasti , as prayed.
(BRIJESH SETHI) JUDGE
DECEMBER 06, 2019 savita
W.P.(Crl.) 2795/2019
Page 2 of 2
2 issues framed by the court
Whether the FIR under section 308 IPC should be quashed in view of the settlement between the parties.
Whether a condition of depositing Amla plants should be imposed for quashing the criminal proceedings.
2 provisions across 2 enactments
Pawan
State
Respondent no.2
Brijesh Sethi
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
