YUNUS vs. STATE

Case Type: Bail Application

Date of Judgment: 02-10-2020

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Full Judgment Text

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10.02.2020 + BAIL APPLN. 1087/2019 YUNUS ..... Petitioner Through Mr. Jayant Sud, Sr. Adv. with Mr. Bakul Jain, Mr. Shailesh Poddar, Mr. Randeep Sachdeva and Mr. Savhin Gupta, Advs versus THE STATE ..... Respondent Through Mr.Amit Chadha, APP for State. Mr. R. K. Singh, Adv. for complainant with complainant in person CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT J U D G M E N T (ORAL) 1. The present petition is filed under Section 438 Cr.P.C. by the petitioner seeking grant of anticipatory bail in case FIR No.243/2018 registered at Police Station – Krishna Nagar, District Shahdara. 2. Though the present petition is filed for anticipatory bail, however, keeping in view the settlement arrived at between the parties, while exercising inherent powers under Section 482 Cr.P.C., I hereby convert the BAIL APPLN. 1087/2019 Page 1 of 3 present petition into quashing of the FIR and all proceedings emanating therefrom. 3. Notice issued. 4. Notice is accepted by learned APP for the State and by counsel for complainant. 5. With the consent of counsel for the parties, the present petition is taken up for final disposal. 6. The present petition is filed on the ground that the parties have settled their disputes and complainant herein, i.e. Sultan Haider, has filed affidavit dated 15.7.2019 on record affirming the same and has no objection if the present petition is allowed and FIR is quashed. 7. It is informed by learned APP that Yunus (petitioner herein) was declared P.O vide order dated 16.05.2019 passed by learned MM, East Karkardooma Courts. 8. Complainant is personally present in Court with his learned counsel and he has been identified by SI Hiralal ( IO) and submits that matter has been settled and he does not wish to prosecute the matter any further. 9. Taking into account the aforesaid facts, this Court is inclined to quash BAIL APPLN. 1087/2019 Page 2 of 3 the FIR as no useful purpose would be served in prosecuting the petitioner any further. 10. For the reasons afore-recorded, the FIR No 243/2018 dated 19.10.2018 registered at Police Station Krishna Nagar and consequent proceedings emanating therefrom are quashed. 11. The petition is allowed and disposed of accordingly. 12. Order dasti . (SURESH KUMAR KAIT) JUDGE FEBRUARY 10, 2020 ms BAIL APPLN. 1087/2019 Page 3 of 3