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High Court of DelhiW.P.(CRL)/583/2016

Jaspreet Singh Choudhary & ORS. v. State & ANR.

2016-03-21Hon'Ble Ms. Justice Sunita Gupta2 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 583/2016 JASPREET SINGH CHOUDHARY & ORS.

..... Petitioner Through Mr Rakesh Sharma, Adv. alongwith the petitioners in person versus STATE & ANR.

..... Respondent Through Mr R.S. Kundu, ASC for State with Mr V.

Wadhwa, Adv. alongwith Sub Inspector Rajendra Prasad, Okhla Industrial Area, New Delhi Ms Prabha Sharma, Adv. for R2 alongwith R2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 21.03.2016 This is a petition under Section 482 of Cr.PC moved by the petitioners for quashing of FIR No. 385/2015 under Section 354/323/342/509/34 IPC registered at Police Station Okhla Industrial Area, New Delhi on the ground of settlement. It is submitted by counsel for the petitioner that with the intervention of the well wishers of the parties, the matter has been amicably settled between the parties and a compromise deed dated 09.02.2016 has been entered into between the parties which is filed with the petition and is at pgs. 37 - 41. Counsel further submits that the petitioners have already tendered an apology.

The respondent No.2/complainant, who is present in person (duly identified by the Investigating Officer of the case as well as by her counsel) 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 R.S. Kundu, ASC for the State su/bmits that the charge-sheet has already been filed, however, 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, 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. 385/2015 under Section 354/323/342/509/34 IPC registered at Police Station Okhla Industrial Area, New Delhi and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.30,000/- as costs which be deposited by the petitioners with Delhi High Court Mediation & Conciliation Centre within two weeks from today. Copy of 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 21, 2016/rs