The High Court of Delhi quashed an FIR under Sections 354/506 IPC after verifying that the dispute was voluntarily settled by the complainant without fear or pressure, ordering the petitioner to deposit costs of Rs.10,000.
FIR No.165/2015 is quashed and all proceedings emanating therefrom are dismissed. Petitioner to deposit Rs.10,000 as costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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RAJESH RAI
..... Petitioner
Through : Ms.Inderjeet Sidhu, Advocate along with petitioner present in person.
versus
GOVT. OF NCT OF DELHI & ANR.
..... Respondents Through : Mr.Kamal Kr.Ghei, APP. Complainant present in person with her mother. SI Parminder, PS Pahar Ganj.
CORAM: HON'BLE MR. JUSTICE S.P.GARG
O R D E R % 01.02.2017
(1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No.165/2015 under Section 354/506 IPC registered at Police Station Pahar Ganj. It is stated that the matter has been settled with the complainant/respondent No.2 amicably before Mediation Centre, Tis Hazari Courts. Order sheet dated 24.09.2016 also records the intention of the parties to settle the dispute.
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CRL.M.C. 408/2017
(2) Respondent No.2-complainant is present before the Court along with her mother. The Investigating Officer has identified her. I have enquired from the complainant whether the matter has been settled with the petitioner amicably without fear and pressure. She has informed that the matter has been settled without any fear or pressure and she has no objection to the quashing of the FIR.
(3) The petition is supported by the affidavits of the parties. Settlement/Compromise deed dated 18.12.2015 signed by the parties before Mediation Centre, Tis Hazari Courts is on record. It is informed that cross-case has since been compounded between the parties.
(4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioner, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation, FIR No.165/2015 under Section 354/506 IPC registered at Police Station Pahar Ganj and all the proceedings emanating therefrom are quashed.
(5) The petitioner is, however, burdened with costs of `10,000/- to be deposited with Prime Minister Relief Fund within two weeks. The Registry shall ensure the compliance of the order.
(6) The petition and all pending application(s) stand disposed of accordingly.
S.P.GARG, J.
FEBRUARY 01, 2017 /sa
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CRL.M.C. 408/2017
2 issues framed by the court
Whether the FIR registered under Section 354/506 IPC should be quashed upon voluntary settlement between parties.
Whether the petitioner is liable to pay costs to the Prime Minister Relief Fund.
2 provisions across 2 enactments
RAJESH RAI
GOVT. OF NCT OF DELHI
COMPLAINT
S.P.GARG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
