Jai Dev @ Deva v. The State ( Govt Of NCT Of Delhi) & ANR
$~23 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 412/2016 JAI DEV @ DEVA ..... Petitioner Through Mr Rajiv Bajaj, Adv.
alongwith the petitioner in person versus THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondent Through Mr Ashok Kumar Garg, Additional Public Prosecutor for the State alongwith Sub Inspector Mukesh Kumar Police Station Bindapur, Delhi Mr A.K. Mishra, Adv. for R2 alongwith R2 present in person
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
O R D E R
% 01.02.2016 Crl. MA 1751/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.
CRL.M.C. 412/2016 This is a petition u/s 482 Cr.P.C. moved by the petitioner for quashing of FIR No.298/2015 registered at Police Station Bindapur, Delhi under Sections 354-A/506 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 the parties have settled all their disputes amicably and that before the Trial Court the respondent no.2 also made a statement to this effect and showed her willingness not to proceed with the matter against the petitioner and assured that she will cooperate the petitioner in getting the FIR quashed.
The respondent No.2/complainant is present in person (duly identified by the Investigating Officer as well as by her counsel) and reiterates 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. The petitioner has apologized for his conduct and undertook not to commit such act in future. Mr Ashok Kumar Garg, Additional Public Prosecutor for the State submits that in view of the settlement arrived at between the parties, he has no objection to quashing of FIR.
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 petitioner, 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.298/2015 registered at Police Station Bindapur, Delhi under Sections 354-A/506 IPC and consequent proceedings emanating therefrom are hereby quashed subject to cost of Rs.15,000/- to be deposited by the petitioner with Juvenile Justice Board within three weeks. Photocopy of receipt 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 FEBRUARY 01, 2016/rd