Sheela Devi Sinha & ORS v. The State ( NCT Of Delhi) & ORS

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1126/2016 SHEELA DEVI SINHA & ORS ..... Petitioner Through Mr Randhir Kumar, Mr Sharad Shingade and Mr Nishant Kumar, Advs. alongwith petitioners in person versus THE STATE ( NCT OF DELHI) & ORS ..... Respondent Through Mr Akshai Malik, Additional Public Prosecutor for the State alongwith Sub Inspector Veer Singh Police Station Sagarpur, Delhi R2 and 3 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 17.05.2016 This is a petition under S. 482 Cr.PC moved by the petitioners for quashing of FIR No.260/2013 registered at Police Station Sagarpur, Delhi under Ss.

323/341/354/354A/354B/506/509/34 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 the parties are neighbours, due to intervention of common friends and neighbours, the matter has been amicably settled between them and pursuant thereto a compromise deed has been executed between the parties which is annexed to the petition at pgs. 72 - 73. It is, therefore, prayed that the instant FIR be quashed. The respondent No.2 and 3 /complainant/victim, who is present in person (duly identified by the Investigating Officer of the case) submits that since the petitioners are their neighbours, they have amicably resolved all disputes with them 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 Akshai Malik, 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 but since the State machinery has been set in motion on account of acts of the petitioner, they be burdened with some costs.

Keeping in view the facts that the parties are neighbours and they 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.260/2013 registered at Police Station Sagarpur, Delhi under Sections 323/341/354/354A/354B/506/509/34 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 Delhi Police 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 petitioners. SUNITA GUPTA, J MAY 17, 2016/rd