Krishan v. State Gnct Of Delhi & ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 173/2016 KRISHAN ..... Petitioner Through Mr Satish Kumar, Adv. alongwith petitioner in person versus STATE GNCT OF DELHI & ANR ..... Respondent Through Mr Ashok Kumar Garg, Additional Public Prosecutor for the State alongwith Sub Inspector Sachin Kumar Police Station Vasant Vihar, New Delhi Respondent No.2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 31.03.2016 This is a petition under Section 482 Cr.PC moved by the petitioner for quashing of FIR No.258/2013 registered at Police Station Vasant Vihar, New Delhi under Section 354A IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter.

It is submitted by counsel for the petitioner that on the intervention of well-wishers, neighbours and common friends, the petitioner and the respondent no.2/complainant have decided to live peacefully forgotten all the past acts have settled the matter. The respondent No.2/complainant, who is present in person (duly identified by the Investigating Officer of the case) submits that she has amicably resolved all disputes with the petitioner voluntarily without there being any threat, coercion or pressure of any sort and in view of the settlement arrived at between the parties, she does not want any action against the petitioner and does not have any objection to quashing of the instant FIR. Mr Ashok Kumar Garg, Additional Public Prosecutor for the State submits that FIR in the instant case was registered in the year 2013.

Trial is almost complete. Out of six prosecution witnesses, five have already been examined. Only one witness remains to be examined. Police machinery was swung in motion on the basis of complaint made by the complainant. In case, petition is allowed, same should be subject to heavy cost. Keeping in view the facts that the parties have compromised the matter with each other amicably, this matter deserves to be given a quietus as continuance of proceedings arising out of the FIR in question would be an exercise in futility and wastage of precious time of the Court.

Accordingly, the petition is allowed and the FIR No.258/2013 registered at Police Station Vasant Vihar, New Delhi under Section 354A IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.50,000/- as costs, out of which Rs.25,000/- be paid to the complainant by way of demand draft and Rs.25,000/- be deposited with Prime Minister Relief Fund by the petitioner within four weeks from today. Copy of demand draft and receipt of deposit of costs be placed on record. The petition stands disposed of accordingly.

A copy of this order be given dasti to counsel for the petitioner. SUNITA GUPTA, J MARCH 31, 2016/rd