Petitioner sought quashing of FIR arising from civil dispute. Parties reported compromise via deed with undertaking to withdraw civil suit. Court quashed proceedings to secure ends of justice, imposing costs on petitioner.
FIR No. 313/2016 and all proceedings quashed; petitioner to pay Rs. 10,000 costs to Delhi High Court Legal Services Committee.
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..... Petitioner Through: Mr Narender Sharma, Adv f
versus
THE STATE & ANR
..... Respondents Through: Mr Kawal Singh Ahuja, Adv for State Ms Kamna Vohra, ASC for State SI Samrat Khatiyan, PS Harsh Vihar
CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR
O R D E R
The present petition has been filed seeking quashing of the FIR No. 313/2016 registered under Sections 232/254/254(B)/506/509 of the IPC at Police Station Harsh Vihar.
Averments in the FIR have been perused. This court has been informed that the parties have also been relegated to the civil litigation and the petitioner had filed a suit for injunction against respondent No. 2. Parties have now arrived at a compromise. The terms of their compromise are contained in Compromise Deed dated 05.09.2017 duly signed by the parties. Parties who are present in person have endorsed the terms of the settlement contained in this Compromise Deed marked as Ex. PA. Parties shall be bound by the terms and conditions of the settlement contained in Ex.PA. Petitioner
has also undertaken to withdraw the civil suit which he has filed against respondent No. 2. Learned PP states that the investigation has progressed and charge sheet has also been filed. The precious time of the court has been wasted and the Investigating Officer has also spent his precious time in this investigation. The parties should be burdened with costs.
Noting the aforenoted narration of facts and noting the fact that the parties were neighbours and to secure the ends of justice no fruitful purpose would be served in continuing with this proceeding. Accordingly, this court is of the view that the FIR No. 313/2016 registered under Sections 232/254/254(B)/506/509 of the IPC PS Harsh Vihar be quashed including all other proceedings emanating therefrom. The petitioner shall pay costs of Rs. 10,000/- to be deposited in the Delhi High Court Legal Services Committee within a period of two days.
Petition disposed of.
INDERMEET KAUR, J
JANUARY 04, 2018 SU
1 issue framed by the court
Whether the FIR and proceedings should be quashed upon settlement and compromise between parties.
1 provisions across 1 enactments
YOGESH KUMAR @ JUGAL
THE STATE
ANR
INDERMEET KAUR
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
