Azam Saifi & ANR v. The State ( NCT Of Delhi) & ANR

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 824/2016 AZAM SAIFI & ANR ..... Petitioner Through:

Mr F. Haq, Adv. alongwith petitioners in person versus THE STATE ( NCT OF DELHI) & ANR ..... Respondent Through:

Mr Ashok Kumar Garg, Additional Public Prosecutor for the State alongwith Sub Inspector Ranjeet Police Station Neb Sarai, Delhi Mr Manish, Adv. for R2 with R2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 26.02.2016 Crl. MA 3464/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.C. 824/2016 This is a petition under Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.199/2013 registered at Police Station Neb Sarai, Delhi under Sections 354/506/34 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 petitioners and the respondent no.2 are resident of same locality and during the pendency of the instant FIR, the matter was intervened by the respectable persons of the society, elders and wellwishers and due to their intervention the petitioners and the respondent no.2/complainant have resolved all their disputes. An MOU has also been entered between the parties which is placed on record at pgs. 33 - 35.

The respondent No.2/complainant is present in person (duly identified by the Investigating Officer and her counsel) and submits that since she has already married, she

has amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort. She further states that an MOU has also been entered into between her and the petitioners as such she further submits that 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 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 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.199/2013 registered at Police Station Neb Sarai, Delhi under Sections 354/506/34 IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.20,000/- as costs to be deposited by the petitioners with Delhi High Court Staff Welfare Fund within two weeks. Copy of receipt of deposit of costs be placed on record. It is made clear that the parties are bound by the terms of the MOU entered into between them.

The petition stands disposed of accordingly.

A copy of this order be given dasti to counsel for the petitioners. SUNITA GUPTA, J FEBRUARY 26, 2016/rd