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High Court of DelhiW.P.(CRL)/1074/2016

Pramod Mathur & ANR v. State Of NCT

2016-04-04Hon'Ble Ms. Justice Sunita Gupta2 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1074/2016 PRAMOD MATHUR & ANR ..... Petitioner Through Mr Varun Gupta, Adv. alongwith petitioners in person versus STATE OF NCT ..... Respondent Through Ms Nandita Rao, ASC for State alongwith Sub Inspector Sumitra Sharma Police Station Rajouri Garden, Delhi Mr Rajesh Kumar, Adv. for complainant alongwith complainant in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 04.04.2016 Crl. MA 5547/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P. (Crl.) 1074/2016 This is a petition under Article 226 of the Constitution read with Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.258/2015 registered at Police Station Rajouri Garden, Delhi under Sections 354/506/341/34 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 petitioner no.2 was working as a maid servant in the house of the complainant while petitioner no.1 - Pramod Mathur is husband of petitioner no.2. Due to certain disputes the present FIR was registered by the respondent no.2 / complainant against the petitioners whereas another FIR bearing 255/2015 under Section 354 was registered on the basis of a complaint made by the petitioner no.2 herein against husband of respondent no.

2 herein. Both the matters have been amicably settled between the parties. An affidavit of the respondent no.2 has been filed in this regard which is at pgs. 10-11 of the petition. As such, it is prayed that the instant FIR be quashed. The respondent No.

against the petitioners and does not have any objection to quashing of the instant FIR. Ms Nandita Rao, ASC for State submits that since the case is at a preliminary stage and only charge-sheet has been filed and the fact that a settlement has been 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.258/2015 registered at Police Station Rajouri Garden, Delhi under Sections 354/506/341/34 IPC and consequent proceedings emanating therefrom are hereby quashed.

The petition stands disposed of accordingly.

A copy of this order be given dasti to counsel for the petitioners. SUNITA GUPTA, J APRIL 04, 2016/rd