Amarjit Singh & ORS. v. State & ANR.

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 940/2016 AMARJIT SINGH & ORS.

..... Petitioner Through Mr Gurbakash Singh and Mr J.P. Singh, Advs.

alongwith petitioners in person versus STATE & ANR.

..... Respondent Through Mr R.S. Kundu, ASC for State with Mr Ankit Gulia and Mr Kranti Bhandari, Adv. alongwith Sub Inspector Rajesh Kumar Police Station Hari Nagar, Delhi Ms Richa Sanhita, Adv. for R2 alongwith R2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 22.03.2016 Crl. MA 5088/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 940/2016 This is a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.838/2015 registered at Police Station Hari Nagar, Delhi under Sections 509/506/34 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 due to intervention of respectable members of the society and neighbours, the matter has been amicably settled and the differences between the parties have been resolved and accordingly a MoU dated 30.01.2016 has been executed between the parties which is at pgs. 27 - 30. The respondent No.

2/complainant, who is present in person (duly identified by the Investigating Officer of the case as well as by her counsel) 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 R.S. Kundu, ASC for State submits that in view of the settlement arrived at between

the parties, he has no objection to quashing of FIR. It is, however, submitted that since the State machinery has been brought in force, the petitioner may be burdened with 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.838/2015 registered at Police Station Hari Nagar, Delhi under Sections 509/506/34 IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.20,000/- as costs which be deposited by the petitioners with Juvenile Justice Board 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 MARCH 22, 2016/rd