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2017 Supreme(Del) 3160
IN THE HIGH COURT OF DELHI AT NEW DELHI
VINOD GOEL, J.
RISHI & ANR. - Petitioners
Versus
THE STATE & ANR. - Respondents
CRL.M.C. 2680 of 2017
Decided On : 28-08-2017
Important Points
Subject
Criminal Law - Quashing of FIR
Act Referred
INDIAN PENAL CODE : S.354, S.506, S.509, S.34
Headnote
Section 482 - Quashing of FIR - Amicable Settlement
Fact of the Case:
The petitioners invoked the writ jurisdiction of the court under Section 482 of the Code of Criminal Procedure, seeking quashing of the FIR registered against them for offenses under Sections 354/506/509/34 IPC. The respondents had amicably settled the matter with the petitioners and did not want to pursue the FIR.
Finding of the Court:
The court, considering the amicable settlement between the parties and the absence of any purpose in further pursuing the FIR, quashed the FIR subject to the petitioners depositing a sum of Rs.10,000/- as cost with the Prime Minister’s Relief Fund.
Issues: The main issue was whether the FIR should be quashed in light of the amicable settlement between the parties.
Ratio Decidendi: The court held that when the matter has been settled amicably and there is no purpose in further pursuing the FIR, the ends of justice would be served by quashing the FIR.
Final Decision: The court quashed the FIR subject to the petitioners depositing a sum of Rs.10,000/- as cost with the Prime Minister’s Relief Fund.
For the Petitioner:Mr. R.P.S. Bhatti, Advocate with petitioner in person.
For the Respondent:Mr. Tarang Srivastava, APP with SI Chanchal, PS Mayur Vihar, Delhi, Mr. Ashok Kumar, Advocate.
Crl.M.A. 11112/2017 (exemption)
Exemption allowed subject to all just exceptions.
Application is disposed of.
CRL.M.C. 2680/2017
1. Notice. Learned APP, who appears on an advance copy having been served, accepts notice.
2. Notice to respondent no. 2 also. She is present in court and accepts notice. She is being represented by her counsel. She is duly identified by the SI Chanchal.
3. The petitioners have invoked the writ jurisdiction of this court under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’) for quashing of the FIR bearing No.773/2014, registered on 06.12.2014 with Police Station Mayur Vihar, Phase-1, East Delhi under Sections 354/506/509/34 IPC on the complaint of respondent No.2.
4. As per the allegations in the FIR, both the petitioners entered into the house of the respondents. The petitioner No.1 has been pressuring the respondent No.2 to marry him.
5. On 01.06.2017, the petitioners have amicably resolved and settled their disputes. Both the petitioners present in the court undertake that they shall neither repeat such behaviour nor harass the respondents in future. The respondents No.2 to 4 submit that they have willingly settled the matter with the petitioners without any force or coercion and they do not want to pursue the said FIR. They submit that the said FIR may be quashed.
6. Learned APP through the I.O. submits that the charge sheet has been filed and charges have been framed against both the petitioners.
7. In the circumstances, when the matter has been settled between the parties amicably and the petitioners are residing in the same colony, no purpose would be served in further pursuing with the said FIR. Hence, to secure ends of justice, the FIR bearing No.773/2014, registered on 06.12.2014 with Police Station Mayur Vihar Phase-1, East Delhi under Sections 354/506/509/34 IPC and proceedings arising out of the same are hereby quashed subject to both the petitioners depositing a sum of Rs.10,000/- as cost with the Prime Minister’s Relief Fund within four weeks from today. Copy of receipt be filed within two weeks thereafter and copy of the same be also supplied to the IO
8. The petition is disposed of accordingly.
