Shankar v. State Of NCT Of Delhi & ORS

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 212/2016 SHANKAR ..... Petitioner Through:

Mr Pratap Singh, Adv.

alongwith the petitioner in person versus STATE OF NCT OF DELHI & ORS ..... Respondent Through:

Ms Neelam Sharma, Additional Public Prosecutor for the State alongwith Sub Inspector Bijender Singh Police Station Karol Bagh, New Delhi Mr Amit Kumar and Mr Praveen Jha, Advs.

for R2&3 alongwith R-2 & 3 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 19.01.2016 Crl. MA 895/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.C. 212/2016 This is a petition u/s 482 Cr.P.C. moved by the petitioner for quashing of FIR No.231/2013 registered at Police Station Karol Bagh, New Delhi under Sections 354A IPC and consequent proceedings emanating therefrom on the ground that the parties have amicably settled the matter.

A compromise deed, appearing at pgs. 66 and 67 of the paper book, has been filed according to which with the intervention of elderly persons and common friends both parties have amicably sorted out the matter for a total sum of Rs.1 lac each to both the respondents out of which a sum of Rs.20,000/- each was already paid by the petitioner to the respondent nos. 2 and 3 and the balance amount of Rs.80,000/- each has been paid today by way of bank drafts.

The respondent nos. 2 and 3 are present in person (duly identified by the Investigating Officer and their counsel) and submit that they have amicably resolved all

disputes with the petitioner voluntarily without there being any threat, coercion or pressure of any sort and in view of the compromise arrived at between the parties, they do not want any action against the petitioner and do not have any objection to quashing of the instant FIR.

Learned Additional Public Prosecutor for the State submits that the charge-sheet has already been filed and after framing of charge the case is at the stage of prosecution evidence. She further submits that since the police machinery was set in motion on the basis of complaint made by the complainant as such the petitioner should be burdened with costs.

Keeping in view the facts that the parties have compromised the matter with each other amicably, no useful purpose would be served by continuing the criminal proceedings against the petitioners, which will only be an exercise in futility and wastage of precious time of the Court.

Accordingly, the petition is allowed and the FIR No.231/2013 registered at Police Station Karol Bagh, New Delhi under Sections 354A IPC and consequent proceedings emanating therefrom are hereby quashed subject to cost of Rs.10,000/- to be deposited by the petitioners with Juvenile Justice Board within two (2) weeks. Receipt of deposit be placed on record.

It is directed that the parties shall be bound by the terms of compromise deed entered between them.

The petition stands disposed of accordingly.

A copy of this order be given dasti to counsel for the petitioner .

SUNITA GUPTA, J JANUARY 19, 2016/rd