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High Court of DelhiW.P.(CRL)/83/2018

Ashish Nagrath v. State (Govt Of NCT Of Delhi) & ANR

2018-01-10Hon'Ble Mr. Justice S.P.Garg2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 83/2018 ASHISH NAGRATH ..... Petitioner Through :

Mr.Himanshu Bajaj, Advocate.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through :

Mr.Rahul Mehra, Standing counsel with Mr.Jamal Akhtar and Mr.C.Gosain, Advocates.

Mr.Jatinder Kaur, Advocate, for R-2 along with R-2 present in person.

SI Ashok, PS Amar Colony.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 10.01.2018 Crl.M.A.No.496/2018 (Exemption) 1.

Exemption allowed subject to all just exceptions. 2.

The application stands disposed of.

W.P.(CRL) 83/2018 (1) Present petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No.502/17 under Sections 354/354B IPC registered at Police Station Amar Colony. It is stated that the matter has been settled with the complainant/respondent No.2 amicably. W.P.(CRL) 83/2018

(2) Respondent No.2-complainant is present before the Court along with her counsel. The Investigating Officer has identified her. I have enquired from the complainant whether the matter has been settled with the petitioner amicably without fear and pressure. She has informed that the matter has been settled amicably without any fear or pressure and she has no objection to the quashing of the FIR. (3) The petition is supported by the affidavits of the parties. Compromise deed/Memorandum of Understanding dated 30.12.2017 signed by the parties is on record. Parties were acquainted with each other before the incident.

(4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioner, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation, FIR No.502/17 under Sections 354/354B IPC registered at Police Station Amar Colony and all the proceedings emanating therefrom are quashed.

(5) The petitioner is, however, burdened with costs of `15,000/- to be deposited with Prime Minister Relief Fund within two weeks. The Registry shall ensure the compliance of the order. (6) The petition is disposed of accordingly.

S.P.GARG, J.

JANUARY 10, 2018/sa W.P.(CRL) 83/2018