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High Court of DelhiCRL.M.C./1957/2016

Anshul Rana v. State ( NCT Of Delhi) & ANR

2016-05-20Hon'Ble Ms. Justice Sunita Gupta2 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1957/2016 ANSHUL RANA ..... Petitioner Through Mr C. Parkash, Adv. alongwith petitioner in person versus STATE ( NCT OF DELHI) & ANR ..... Respondent Through Ms Neelam Sharma, Additional Public Prosecutor for the State alongwith Sub Inspector Sanjeev Police Station Vasant Vihar, New Delhi Ms Lata Anand, Adv. for R2 alongwith R2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 20.05.2016 Crl. MA 8293/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

Crl. MC 1957/2016 This is a petition u/s 482 Cr.P.C. moved by the petitioner for quashing of FIR No.521/2016 registered at Police Station Vasant Vihar, New Delhi under Ss. 354D/506/509 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 after registration of case, some respectable persons of the locality intervened and the respondent no.2 also realized that there may be misunderstanding and due to registration of aforesaid FIR, career of the petitioner may also be ruined and therefore both parties have arrived at an amicable settlement. An affidavit of the respondent no.2 has also been placed on record in this regard. 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 as well as her counsel) submits that she has amicably resolved all disputes with the petitioner. She further states that she has settled the matter with the petitioners 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 has no objection to quashing of the instant FIR.

Ms Neelam Sharma, Additional Public Prosecutor for the State submits that in view of the settlement arrived at between the parties, she has no objection to quashing of FIR but since the 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.521/2016 registered at Police Station Vasant Vihar, New Delhi under Ss. 354D/506/509 IPC and consequent proceedings emanating therefrom are hereby quashed subject to costs of Rs.15,000/- upon the petitioner which be deposited by them with Juvenile Justice Board within two weeks from today. Receipt of deposit of cost 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 MAY 20, 2016/rd