Nitan @ Lal & ORS v. The State NCT Of Delhi & ORS

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1271/2016 NITAN @ LAL & ORS ..... Petitioner Through Mr Praveen Kumar Rajput, Adv. alongwith petitioners in person versus THE STATE NCT OF DELHI & ORS ..... Respondent Through Mr Ashok Kumar Garg, Additional Public Prosecutor for the State alongwith Sub Inspector Rajesh Kumar Police Station / Security Unit (Rashtrapati Bhawan) Mr Kuldeep Rana, Adv. for respondents alongwith respondents in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 01.04.2016 This is a petition u/s 482 Cr.P.C. moved by the petitioners for quashing of FIR No.188/2011 registered at Police Station Delhi Cannt. under Sections 354/323/509/34 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 both the parties are relatives, they have arrived at a settlement before Mediation Centre, Dwarka Courts, New Delhi on 20.02.2016 and the copy of said order is annexed with the petition at pgs 53 - 54. The respondent No.2/complainant and the victims, who are present in person (duly identified by the Investigating Officer of the case as well as their counsel) submit 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 the petition on the ground that the case is quite old pertaining to the year 2011 as such, the petitioners be burdened with heavy 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.188/2011 registered at Police Station Delhi Cannt. under Sections 354/323/509/34 IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.25,000/- as costs upon the petitioners which be deposited with Advocate Welfare Fund 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 APRIL 01, 2016/rd