Dinesh Kumar & ORS v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 498/2016 DINESH KUMAR & ORS ..... Petitioner Through:

Mr Naveen Kumar, Mr S.K. Shukla and Mr D.A. Khan, Advs. alongwith petitioners in person versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondent Through:

Mr Ashok Kumar Garg, Additional Public Prosecutor for the State alongwith Sub Inspector Vidyakar Pathak, Police Station Anand Parbat, Delhi Mr Krishan Kumar, Adv. for R2 alongwith R2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 05.02.2016 Crl. MA 2083/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.C. 498 /2016 This is a petition u/s 482 Cr.P.C. moved by the petitioners for quashing of FIR No.695/2015 registered at Police Station Anand Parbat, Delhi under Sections 323/354/354B IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter.

The petitioners and the respondent no.2 are close relatives and the following litigations were pending between the parties: (i) Present FIR No.695/2015 was registered against the petitioners at Police Station Anand Parbat, Delhi under Sections 323/354/354B/34 IPC. (ii) The FIR No.1079/2015 under Sections 406/498A IPC pas Shakarpur, Delhi was registered against the respondent no.2 and her family members. (iii) The FIR No.696/2015 under Section 323/341/500/34 IPC Police Station Anand Parbat, Delhi was registered against the respondent no.2 and her

family members.

All the disputes between the parties have been amicably settled vide memorandum of understanding pursuant to which FIR No.696/2015 has been quashed on 11.01.2016 while FIR No.1079/2015 was quashed on 28.10.2015. Ms Manju Bisht, respondent No.2/complainant is present in person (duly identified by the Investigating Officer of the case) and submits that she does not wish to proceed with the instant FIR and the proceedings emanating therefrom. Since the parties are close relatives and all the disputes have been amicably settled between them, it would be in the interest of justice to give quitus to all the litigations and 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.695/2015 registered at Police Station Anand Parbat, Delhi under Sections 323/354/354B IPC and consequent proceedings emanating therefrom are hereby quashed subject to cost of Rs.5,000/- upon each of the petitioners to be deposited with Delhi High Court Mediation & Conciliation Centre within two weeks. Receipt of deposit 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 05, 2016/rd