Jai Bhagwan Rana & ANR v. The State Govt Of NCT Of Delhi & ANR
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 805/2016 JAI BHAGWAN RANA & ANR ..... Petitioner Through Mr M.K. Sharma, Adv. alongwith petitioners in person versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondent Through Mr Ashish Aggarwal, ASC for State with Mr Piyush Singhal, Advs. alongwith ASI Dalbir Singh Police Station Kashmiri Gate, Delhi R2 in person
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
O R D E R
% 07.04.2016 Crl. MA 4406/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.
W.P. (Crl.) 805/2016 This is a petition under Article 226 of the Constitution read with Section 482 Cr.PC moved by the petitioners for quashing of FIR No.0433/2015 registered at Police Station Kashmeri Gate, Delhi under Sections 354/354(D)/34 IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter. It is submitted by counsel for the petitioners that since the petitioners and the respondent no.2 have amicably settled and compromised the matter, the present FIR may 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 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 petitioner and does not have any objection to quashing of the instant FIR. Mr Ashish Aggarwal, ASC for State submits that the charge-sheet has already been filed, however, 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, the petitioners 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.0433/2015 registered at Police Station Kashmeri Gate, Delhi under Sections 354/354(D)/34 IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.15,000/- as costs which be deposited by the petitioners with Delhi High Court Mediation & 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 petitioners. SUNITA GUPTA, J APRIL 07, 2016/rd