Rizwanur Rahman v. The State & ORS

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1079/2016 RIZWANUR RAHMAN ..... Petitioner Through Mr M.K. Sinha, Adv. alongwith petitioner in person versus THE STATE & ORS ..... Respondent Through Mr Ashok Kumar Garg, Additional Public Prosecutor for the State alongwith Sub Inspector Rishi Sharma Police Station Jamia Nagar, New Delhi R2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 12.05.2016 Crl. MA 4633/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

Crl. MC 1079/2016 This is a petition under S. 482 Cr.P.C. moved by the petitioner for quashing of FIR No.211/2012 registered at Police Station Jamia Nagar, Delhi under Ss. 509/323/341/427/506/34 IPC and the consequent proceedings arsing therefreom on the ground that the parties have settled all their disputes. It is submitted by learned counsel for the petitioner that there is also a cross FIR No.193/2012 under Ss. 452/323/427/506/34 IPC which has been lodged by the petitioner against the complainant and her husband which has already been quashed by this Court. It is further submitted that with the active and positive intervention of counsel for both the parties, they have settled all their disputes. It is further resolved that the respondent no.2 shall withdraw all the complaints against the petitioner and his family members. As such, it is requested that the instant FIR be quashed. The respondent No.2/complainant is present in person (duly identified by the Investigating Officer of the case) 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 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.

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.211/2012 registered at Police Station Jamia Nagar, Delhi under Ss. 509/323/341/427/506/34 IPC and consequent proceedings emanating therefrom are hereby quashed. The petition stands disposed of accordingly.

SUNITA GUPTA, J MAY 12, 2016/rd