High CourtsSingle Bench(2021) 05 DEL CK 0083

Pradeep Malik & Ors vs Nct Of Delhi (State) & Anr

Delhi High Court · Decided on 17 May 2021

HON’BLE JUDGES
Suresh Kumar Kait, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 979, 987 Of 2021 , Criminal Miscellaneous Application No. 4978, 5031 Of 2021

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Judgment

23 paragraphs · 363 words

Suresh Kumar Kait, J

1.

The above captioned two petitions pertain to common incident which occurred on 31.01.2021 at around 10:45 PM at WTC Club, Hauz Khas, New

Delhi when a conflict took place between the parties to these petitions, which resulted into two FIRs at police station Hauz Khas, New Delhi. The first

captioned petition pertains to FIR No. 48/2021, under Sections 354/323/341/34 IPC and the second captioned petition pertains to FIR No. 47/2021,

under Section 308/34 IPC.

2.

Notice issued.

3.

Mr. Panna Lal Sharma, learned Additional Public Prosecutor for State, accepts notice and submits that Sakshi Chauhan, who is the complainant of

FIR No. 48/2021 and Pradeep Malik, who is the complainant of FIR No. 47/2021, are present through video conferencing and they have been

identified by the Investigating Officers of these cases, who are also present through video conferencing.

4.

With the consent of both the sides, the present petition has been taken up for final hearing and disposal.

5.

Learned counsel for petitioners submit that the subject matter of these FIRs has been amicably resolved in terms of Settlement Agreement dated

26.02.2021 and now no grievance amongst the parties survives and continuance of proceedings arising out of these FIRs would be nothing but a

burden on the State machinery.

6.

Sakshi Chauhan, complainant of FIR No. 48/2021 and Pradeep Malik, complainant of FIR No. 47/2021, are present through video conferencing and

they affirm the factum of resolution of dispute in terms of Settlement Agreement dated 26.02.2021 reached between the parties. They affirm the

contents of their affidavits placed on record in support of these petitions and submit that no grievance against each other survives and so, the FIRs in

question and proceedings emanating therefrom be quashed.

7.

Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any

further.

8.

For the reasons afore-recorded, FIR No. 47/2021 and FIR No. 48/2021, both registered at police station Hauz Khas, New Delhi and consequent

proceedings emanating therefrom are hereby quashed.

9.

The petitions are, accordingly, allowed and disposed of.

10.

Pending applications are disposed of as infructuous.