Full Judgment Text
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* 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
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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
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