Jai Kumar v. State & ANR

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 746/2016 JAI KUMAR ..... Petitioner Through Mr. Pulkit Sachdeva, Advocate versus STATE & ANR.

..... Respondent Through Mr.R.S.Kundu, ASC along with WSI Usha Yadav, PS South Campus, Delhi.

Complainant in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 04.04.2016 This is a petition under Article 226 of the Constitution of India, 1956 r/w Section 482 Cr.P.C. moved by the petitioner for quashing of FIR No.562/2015 registered at Police Station South Campus, New Delhi under Sections 354/509 IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter.

The FIR in the instant case was registered on the basis of a complaint made by respondent No.2/complainant - Ms. Mahendri Devi R/o South Moti Bagh-II that on 2.10.2015 at around 9:00 pm she had taken her pet dog for a stroll at middle road of B-C Block and there her dog had excreted. A person from B289 of B-Block started abusing her to which she objected and he started to physically fight with her due to which her clothes got torn in the middle road. She somehow saved her and called the police at 100 number and saved her dignity. Hence this FIR.

Respondent No.2/complainant is present in person (duly identified by the Investigating Officer) and 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 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 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.562/2015 registered with Police Station South Campus, New Delhi under Sections 354/509 IPC and consequent proceedings emanating therefrom are hereby quashed. The petition stands disposed of accordingly.

A copy of this order be given dasti to counsel for the petitioner. SUNITA GUPTA, J APRIL 04, 2016 rs