Amit Kumar v. State Of Delhi & ANR

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 895/2016 AMIT KUMAR ..... Petitioner Through Mr Viraj Kadam, Adv. alongwith petitioner in person versus STATE OF DELHI & ANR ..... Respondent Through Mr Ashok Kumar Garg, Additional Public Prosecutor for the State alongwith Investigating Officer (presence not given) R2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 12.05.2016 This is a petition under S. 482 Cr.PC moved by the petitioner for quashing of FIR No.79/2013 registered at Police Station Dwarka, Delhi under Ss. 354A/509 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 during trial on the intervention of family members and elders, the respondent no.2 accepted that she overreacted and in fit of rage called the police and filed the instant case against the petitioner who is none other than her younger brother in law. Now after accessing the then situation the respondent no.2 accepts that the petitioner did not cross his limits and did not mistreat her by any means. It is further submitted that since the parties have amicable settled the matter, 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 who is her brother in law, voluntarily without there being any threat, coercion or pressure of any sort. As such, it is submitted by her that she does not want any action against the petitioner 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, however, since the State machinery has been set in motion on account of the acts of the petitioner, he be burdened with costs.

In view of the above, since the parties have amicably resolved their disputes, continuation of the criminal proceedings would be a futile exercise and it will be rather in the

ends of justice to give quietus to such litigation. Accordingly, the petition is allowed and the FIR No.79/2013 registered at Police Station Dwarka, Delhi under Ss. 354A/509 IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.20,000/- as costs which be deposited by the petitioner with Delhi High Medication & 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 MAY 12, 2016/rd