Anubhav Wadhwan & ORS v. The State & ANR

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2027/2016 ANUBHAV WADHWAN & ORS ..... Petitioner Through Mr Deepak Kohli, Adv. alongwith petitioners in person versus THE STATE & ANR ..... Respondent Through Mr Arun Kumar Sharma, Addl.

Public Prosecutor for the State alongwith Investigating Officer (presence not given) R2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 24.05.2016 Crl. MA 8582/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

Crl. MC 2027/2016 This is a petition u/s 482 Cr.P.C. moved by the petitioners for quashing of FIR No.5/2014 registered at Police Station Amar Colony, Delhi under Ss.354/506/356/379/323/34 IPC and consequent proceedings emanating therefrom on the ground that the parties have compromised the matter.

It is submitted by counsel for the petitioners that basically it is a matrimonial dispute and various cases were filed by the parties against each other including this case. The matter has been amicably settled before the Mediation Centre, Karkardooma Courts, Delhi on 12.03.2015 for a total sum of Rs.19,50,000/- which has already been paid to the complainant. The mediation order has already been placed on record. The parties have already withdrawn the cases filed by them against each other. It is, therefore, prayed that since the matter has already been settled between the parties, the 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 petitioners voluntarily without there being any threat, coercion or pressure of any sort. She further states that she has received the total amount of Rs.19.50 lacs and as such in view of the settlement arrived at between the parties, she does not want any action against the petitioners and

has no objection to quashing of the instant FIR. Mr Arun Kumar Sharma, Addl. 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 but since there are various cases filed by the parties against each other and State machinery has been set in motion on accounts of the acts of the petitioners, they be burdened with 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.5/2014 registered at Police Station Amar Colony, Delhi under Ss.

354/506/356/379/323/34 IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.25,000/- as costs which be deposited by the petitioners with Delhi High Court Staff Welfare Fund 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 petitioners. SUNITA GUPTA, J MAY 24, 2016/rd