Brijesh v. State ( Govt Of NCT Of Delhi) & ANR

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1615/2016 BRIJESH ..... Petitioner Through Mr Manoj Maurya and Mr K.S. Sharma, Advs. alongwith petitioner in person versus STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondent Through Mr Ashok Kumar Garg, Additional Public Prosecutor for the State alongwith Sub Inspector Ram Singh Police Station Ambedkar Nagar, Delhi Counsel for the complainant (presence not given) for R2 alongwith R2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 29.04.2016 Crl. MA 6910/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.C. 1615/2016 This is a petition u/s 482 Cr.P.C. moved by the petitioner for quashing of FIR No.06/2015 registered at Police Station Ambedkar Nagar, New Delhi under Sections 354/354A/354(D) 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 respondent no.2 has given a written consent to quash the FIR in favour of the petitioner stating that the matter has been amicably settled between the parties outside the Court with the intervention of family friends, relatives and neighbours and pursuant thereto a compromise deed 15.12.2015 has been executed between the parties which is filed alongwith present petition which is at pgs.24 - 30. It is therefore prayed that the instant FIR be quashed.

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. 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, 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.06/2015 registered at Police Station Ambedkar Nagar, New Delhi under Sections 354/354A/354(D) IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.10,000/- as costs which be deposited by the petitioner with Delhi High Court Legal Services Committee within two weeks from today. Copy of receipt of deposit of cost be placed on record. Needless to say the petitioner shall remain bound by the terms of compromise deed. The petition stands disposed of accordingly.

A copy of this order be given dasti to counsel for the petitioner. SUNITA GUPTA, J APRIL 29, 2016/rs