Pawan Sharma v. State & ANR.

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2054/2016 PAWAN SHARMA ..... Petitioner Through Mr K.K. Jha, Adv. alongwith petitioner in person versus STATE & ANR.

..... Respondent Through Mr Akshai Malik, Additional Public Prosecutor for the State alongwith Investigating Officer R2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 25.05.2016 Crl. MA 8693/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.C. 2054/2016 This is a petition under S. 482 Cr.PC moved by the petitioner for quashing of FIR No.243 /2016 registered at Police Station Janakpuri, Delhi under S. 380 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 complaint was made on a mistaken fact as the complainant forget to carry his laptop alongwith himself from the canteen of the computer centre and finding the same on the table, the petitioner took the same in order to hand the same over to the complainant. On the very same day, the laptop was handed over to the complainant's family by the petitioner. Subsequently, complainant informed the police telephonically that he has found the lost article. However, police started putting pressure to surrender and it was told to them that an FIR has been registered. 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 by mistake he has lodged the complaint and since the laptop was found on the very same day, he does not want any action against the petitioner and has no 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.

Keeping in view the facts that the petitioner and the respondent no.2 both are students and now both of them 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.243 /2016 registered at Police Station Janakpuri, Delhi under S. 380 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 petitioner. SUNITA GUPTA, J MAY 25, 2016/rd