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High Court of DelhiCRL.M.C./599/2016

Akhil Sharma & ORS v. State (Govt Of NCT Of Delhi) & ANR

2016-03-21Hon'Ble Ms. Justice Sunita Gupta2 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 599/2016 AKHIL SHARMA & ORS ..... Petitioner Through Mr K.S. Sharma, Adv. alongwith the petitioners in person versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondent Through Ms Neelam Sharma, Additional Public Prosecutor for the State alongwith Sub Inspector Sanjeev Chauhan Police Station Vasant Vihar, New Delhi Mr D.D. Vasistha, adv. for R2 alongwith R2 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 21.03.2016 This is a petition under Section 482 Cr.PC moved by the petitioners for quashing of FIR No.238/2015 registered at Police Station Vasant Vihar, New Delhi under Sections 509/354(D)/34 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 complainant has given her written consent to quash the FIR stating therein that she has amicably settled the disputes with the petitioners outside the court with the intervention of family friends, relatives and neighbours. Counsel further submits that pursuant to the settlement, an MoU has been executed between the parties which is filed with the petition and is at pgs. 45 - 48. The respondent No.2/complainant, who is present in person (duly identified by the Investigating Officer of the case as well as by 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 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.

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.

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.238/2015 registered at Police Station Vasant Vihar, New Delhi under Sections 509/354(D)/34 IPC and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.20,000/- as costs which be deposited by the petitioners with Delhi High Court Legal Services Committee within two weeks from today. Copy of receipt of deposit of costs be placed on record. The petitioner are further directed to offer service in Bangla Sahib Gurudwara for one week for an hour on each day. In this regard, a certificate be obtained from the Management Committee of Gurudwara Bangla Sahib. The petition stands disposed of accordingly.

A copy of this order be given dasti to counsel for the petitioners. SUNITA GUPTA, J MARCH 21, 2016/rs