Manish & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5028/2015 MANISH & ORS ..... Petitioner Through:

Mr Rajender Yadav, Adv.

versus THE STATE & ANR ..... Respondent Through:

Mr Ashok Kumar Garg, Additonal Public Prosecutor for the State alongwith Sub Inspector Gaurav Police Station Jahangir Puri, Delhi Respondent no.2 present in person alongwith her father

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 20.01.2016 Crl. MA 18127/2015 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.C. 5028/2015 This is a petition u/s 482 Cr.P.C. moved by the petitioners for quashing of FIR No.370/2010 registered at Police Station Jahangir Puri, Delhi under Section 354/34 IPC and consequent proceedings emanating therefrom on the ground that the parties have amicably settled the matter.

The matter has been compromised before Mediation Centre, Rohini Courts, Delhi The respondent no. 2 is present in person (duly identified by the Investigating Officer) and submits she amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort and in view of the compromise arrived at between the parties, she does not want any action against the petitioners and do not have any objection to quashing of the instant FIR. Learned Additional Public Prosecutor for the State submits that since the matter has been compromised between the parties, he has no objection to quashing of FIR. Keeping in view the facts that the parties have compromised the matter with each

other amicably, no useful purpose would be served by continuing the criminal proceedings against the petitioners, which will only be an exercise in futility and wastage of precious time of the Court.

Accordingly, the petition is allowed and the FIR No.370/2010 registered at Police Station Jahangir Puri, Delhi under Section 354/34 IPC and consequent proceedings emanating therefrom are hereby quashed subject to cost of Rs.30,000/- to be paid to the respondent no.2 by the petitioners within two (2) weeks. Photocopy of demand draft be placed on record.

It is directed that the parties shall be bound by the terms of settlement agreement entered between them.

The petition stands disposed of accordingly.

A copy of this order be given dasti to counsel for the petitioner SUNITA GUPTA, J JANUARY 20, 2016/rd