Ashish Yadav v. The State & ANR (N.C.T Of Delhi)

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 870/2016 ASHISH YADAV ..... Petitioner Through:

Mr Vikas Padora, Adv. alongwith petitioner in person versus THE STATE & ANR (N.C.T OF DELHI) ..... Respondent Through:

Ms Kamna Vohra, ASC for State alongwith Sub Inspector Pardeep Police Station Bhalaswa Dairy, Delhi Mr Yatin Grover, Adv. for complainant alongwith complainant in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 18.03.2016 Crl. MA 4757/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 870/2016 This is a petition u/s 482 Cr.P.C. moved by the petitioner for quashing of FIR No.90/2016 registered at Police Station Bhalswa Dairy, Delhi under Section 354/506/342/323 IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter. It is submitted by counsel for the petitioner that the matter was settled amicably between the parties and a compromise and settlement deed was executed on 16.02.2016 and as per the settlement, the respondent no.2 agreed to cooperate in getting the present FIR quashed. The settlement deed is annexed with the petitioner which is at pgs. 30 - 31. The respondent No.2/complainant, who is present in person (duly identified by the Investigating Officer of the case and her counsel) 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.

Ms Kamna Vohar, ASC for the State submits that in view of the settlement arrived at between the parties, she has no objection to quashing of FIR. 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.90/2016 registered at Police Station Bhalswa Dairy, Delhi under Section 354/506/342/323 IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.25,000/- as costs by way of demand draft which be paid by the petitioner to the complainant/ respondent no.2 within four weeks from today. Copy of demand draft 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 MARCH 18, 2016/rd