Brij Mohan v. State & ANR.

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2072/2016 BRIJ MOHAN ..... Petitioner Through Mr Sandeep Singh Kuhar, Adv. alongwith petitioner in person versus STATE & ANR.

..... Respondent Through Mr Ashok Kumar Garg, Additional Public Prosecutor for the State alongwith Sub Inspector Surender Kumar Police Station Shalimar Bagh, Delhi Mr Pradeep Kumar, Adv. for R2 alongwith R2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 27.05.2016 Crl. MA 8798/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

Crl. MC 2072/2016 This is a petition u/s 482 Cr.P.C. moved by the petitioner for quashing of FIR No.109/2012 registered at Police Station Shalimar Bagh, Delhi under Ss.342/354/506/509 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 during the pendency of proceedings before the Trial Court, the matter has been reconciled and compromised with the good advice of learned Mediator, Rohini Courts, Delhi as well as common friends whereby the petitioner agreed to compensate the respondent no.2 for a total sum of Rs.1,40,000/-, out of which Rs.70,000/- has already been paid and the balance amount of Rs.70,000/- has been paid today in the Court to the respondent no.2 by way of demand draft. The copy of settlement agreement entered between the parties is annexed to the petition at pgs. 63 - 64. 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 voluntarily without there being any threat, coercion or pressure of

any sort. She further submits that she has received the compensation amount of Rs.1,40,000/- 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 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 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.109/2012 registered at Police Station Shalimar Bagh, Delhi under Ss.342/354/506/509 IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.40,000/- 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 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 MAY 27, 2016/rd