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High Court of DelhiCRL.M.C./1542/2016

Manish v. The State ( Govt Of NCT Of Delhi) & ANR

2016-04-26Hon'Ble Ms. Justice Sunita Gupta2 pages

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1542/2016 MANISH ..... Petitioner Through Mr RPS Bhatti, Adv. alongwith petitioner in person versus THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondent Through Ms Neelam Sharma, Additional Public Prosecutor for the State alongwith Insp. Sarita Police Station Seelampur, Delhi R2 present in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 26.04.2016 This is a petition u/s 482 Cr.P.C. moved by the petitioner for quashing of FIR No.451/2013 registered at Police Station Seelampur, Delhi under Sections 452/354 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 with the intervention of mutual friends and family members the matter has been amicably settled and pursuant to the settlement, a compromise deed has been executed between the parties which is annexed to the petition at pgs. 25 - 27.

The respondent No.2/complainant, who is present in person (duly identified by the Investigating Officer of the case) 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 Neelam Sharma, Additional Public Prosecutor for the State appears on advance notice and submits that in view of the settlement arrived at between the parties, she has no objection to quashing of FIR but since State machinery has been set in motion on account of acts of the petitioner, he be burdened with some 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.451/2013 registered at Police Station Seelampur, Delhi under Sections 452/354 IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.25,000/- as costs which be deposited by the petitioner with Delhi High Court Mediation and Conciliation Centre 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 petitioner. SUNITA GUPTA, J APRIL 26, 2016/rd