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High Court of DelhiCRL.M.C./5267/2015

Pankaj & ORS v. State Of NCT Of Delhi & ORS

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

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5267/2015 PANKAJ & ORS ..... Petitioner Through Mr Partap Singh, Adv. alongwith the petitioners in person versus STATE OF NCT OF DELHI & ORS ..... Respondent Through Mr Ashok Kumar Garg, Additional Public Prosecutor for the State Mr Rajveer Nanwal, Adv. for R2&3 alongwith R2 &3 in person

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 21.03.2016 This is a petition moved by the petitioners for quashing of FIR No. 693/2014 for the offence under Sections 354/509/34 IPC registered at Police Station Hauz Khas, New Delhi on the ground of settlement.

It is submitted by counsel for the petitioner that after filing of challan the matter has been amicably settled between and pursuant to the settlement the parties and the parties have entered into a compromise deed which is annexed to the petition at pgs. 83 - 84. The respondent Nos.2 and 3 complainant / victims are present in person (duly identified by the Investigating Officer of the case and well as by their counsel) submit that they have amicably resolved all disputes with the petitioners voluntarily without there being any threat, coercion or pressure of any sort. As per settlement, they have received a sum of Rs.10,000/- each from the petitioners. In view of the settlement arrived at between the parties, they do not want any action against the petitioners and do not have any 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 is being used, the petitioners 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.

proceedings emanating therefrom are hereby quashed subject to Rs.15,000/- as costs which be deposited by the petitioners with Prime Minister Relief 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 petitioner. SUNITA GUPTA, J MARCH 21, 2016/rd