Avadh Prakash v. The State ( Govt Of NCT Of Delhi) & ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 511/2016 AVADH PRAKASH ..... Petitioner Through:

Mr J.N. Prasad, Advs. alongwith the petitioner in person versus THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondent Through:

Ms Neelam Sharma, Additional Public Prosecutor for the State alongwith Sub Inspector Sonu Kumar Singh Police Station Malviya Nagar, New Delhi Respondent no.2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 03.03.2016 This is a petition u/s 482 Cr.P.C. moved by the petitioner for quashing of FIR No.627/2013 registered at Police Station Malviya Nagar, New Delhi under Section 354(D) 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 14.12.2015 when the statement of complainant / respondent no.2 was recorded before Metropolitan Magistrate, she expressed her desire to withdraw the complaint filed by her against the petitioner. It is further submitted that since the parties have now compromised the matter as such the instant FIR be quashed.

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. An affidavit has been filed in this regard. Ms Neelam Sharma, Additional Public Prosecutor for the State submits that in view of the settlement arrived at between the parties, she has no objection to quashing of

FIR.

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.627/2013 registered at Police Station Malviya Nagar, New Delhi under Section 354(D) IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.20,000/- as costs by way of demand draft which be paid by the petitioner to the complainant/ respondent no.2 within two weeks from today. Copy of demand draft 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 03 2016/rd