Deepak Kumar & ORS v. The State Govt Of NCT Of Delhi & ORS

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 889/2016 DEEPAK KUMAR & ORS ..... Petitioners Through Mr. Kapil Singhal & Mr. Hemant Soin, Advocates alongwith petitioners in person versus THE STATE GOVT OF NCT OF DELHI & ORS .... Respondents Through Mr. Ashok Kr. Garg, APP for the State.

WSI Sunita, Police Station Jagat Puri.

Mr. Kazim Raza, Advocate for the respondent Nos. 2 & 3 along with respondent Nos. 2 & 3 is present in person.

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 03.05.2016 This is a petition under Section 482 Cr.PC moved by the petitioners for quashing of FIR No. 273/2010 under Section 354/509/34 IPC registered at Police Station Jagatpuri, Delhi on the ground of settlement.

It is submitted by counsel for the petitioner that the matter between the petitioners and the respondent nos. 2 and 3 have been settled amicably with the intervention of family members and respectable persons of the locality and in furtherance of the settlement, the parties have entered into a compromise deed dated 08.02.2016 which is annexed to the petition at pgs. 48 - 49 as such it is prayed that the instant FIR be quashed. The respondent Nos.2 and 3 /complainant/victim, who are present in person (duly identified by the Investigating Officer of the case as well as their counsel) submits that they have 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, they do not want any action against the petitioners and do 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 but since the State machinery has been set in motion on account of acts the petitioners, they be burdened with some costs.

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. 273/2010 under Section 354/509/34 IPC registered at Police Station Jagatpuri, Delhi and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.50,000/- as costs which be deposited by the petitioners with Juvenile Justice Board within two weeks from today. Copy of receipt of deposit of cost be placed on record.

The petition stands disposed of accordingly.

A copy of this order be given dasti to counsel for the petitioners. SUNITA GUPTA, J MAY 03, 2016 rs