High CourtsSingle Bench(2021) 02 DEL CK 0262

Surjeet & Ors vs State Anr & Anr

Delhi High Court · Decided on 25 February 2021

HON’BLE JUDGES
Suresh Kumar Kait, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Case No. 628 Of 2021, Criminal Miscellaneous Application No. 3093 Of 2021

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Judgment

24 paragraphs · 370 words

Suresh Kumar Kait, J

1.

Petitioner is seeking quashing of FIR No. 769/2020, registered at police station Sagarpur, New Delhi and consequent proceedings emanating

therefrom.

2.

Learned counsel for petitioner points out that due to inadvertence, a typographical error has occurred in the Memo of Parties and name of petitioner

No.2 has been mentioned as “Virender Kadiyanâ€, whereas he has been named as Vijender in the FIR in question and they are one and the same

person.

3.

Notice issued.

4.

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

5.

Mr. Amit Chadha, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is the complainant of FIR in

question and she is present through video conferencing and has been identified by the Investigating Officer of this case, who is also present through

video conferencing. Learned Additional Public Prosecutor for State on instructions from IO submits that petitioner No.2-“Virender Kadiyan†and

Vijender, mentioned in the FIR, are one and the same person.

6.

Learned counsel appearing for petitioner submits that the subject matter of FIR stands amicably resolved between the parties and therefore, the

proceedings arising out of FIR in question be brought to an end.

7.

Respondent No. 2 present through video conferencing submits that due to anger she had registered the FIR in question against the petitioners and

now the misunderstanding stands cleared. She affirms the factum of settlement with petitioners as well as contents of her affidavit filed in support of

this petition.

8.

This court is conscious that in such like cases, where the complainant shall not be allowed to go free without imposing the cost, however, keeping in

mind the fact that the misunderstanding has been cleared and parties wish to move on in their lives, this Court is inclined to quash FIR, as no useful

purpose would be served in prosecuting petitioners any further.

9.

For the reasons afore-recorded FIR No. 769/2020, registered at police station Sagarpur, New Delhi, registered at police station Hari Nagar, New

Delhi and consequent proceedings emanating therefrom are hereby quashed.

10.

The petition is, accordingly, allowed and disposed of.

11.

Pending application also stands disposed of.