Nishant Sharma & ANR. v. State & ANR.

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 792/2016 NISHANT SHARMA & ANR.

..... Petitioner Through:

Mr Deepak Sharma, Adv.

alongwith petitioners in person versus STATE & ANR.

..... Respondent Through:

Mr Ashok Kumar Garg, Additional Public Prosecutor for the State alongwith Sub Inspector Yogendra Police Station Gulabi Bagh, Delhi Respondent no.2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 24.02.2016 Crl. MA 3322/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL. MC 792/2016 This is a petition under Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.94/2014 registered at Police Station Gulabi Bagh, Delhi under Sections 354/354D/34 IPC and the consequent proceedings arsing therefreom on the ground that the parties have settled all their disputes.

It is submitted by counsel for the petitioners that the respondent no.2/ complainant has settled all disputes with the petitioners as they are residing in the same vicinity and an MOU / Compromise deed has also been executed between the parties which is at pages 40-42 of the petition.

The respondent no.2/complainant is present in person (duly identified by the Investigating Officer of the case) and submits that she has amicably resolved all disputes with the petitioners 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 petitioners and does not have any objection to quashing of the

instant FIR.

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 fact 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.94/2014 registered at Police Station Gulabi Bagh, Delhi under Sections 354/354D/34 IPC and consequent proceedings emanating therefrom are hereby quashed subject to cost of Rs.20,000/- each to be deposited by the petitioners with Prime Minister Relief Fund within two weeks from today. Receipt of deposit of cost be placed on record. It is made clear that the parties shall remain bound by the terms of compromise deed entered into between them.

The petition stands disposed of accordingly.

SUNITA GUPTA, J FEBRUARY 24, 2016/rd