This High Court quashed an FIR under Sections 354A/509 IPC after the parties settled the matter amicably. The petitioners apologized, assured future conduct, and deposited costs, deeming further proceedings unjustified.
FIR No.100/2017 and proceedings quashed subject to deposit of ₹10,000 by each petitioner.
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| * | IN THE HIGH COURT OF DE | LHI AT NEW DELHI |
|---|---|---|
| + | W.P.(CRL) 617/2018 | |
| KAILASH SHANKAR & ORS | ..... Petitioners | |
| Represented by: | Mr. Vedant, Advocate with | |
| petitioners in person. |
| versus | |
|---|---|
| THE STATE GOVT OF NCT OF D Represented by: |
ELHI & ORS..... Respondents Mr. Ashish Aggarwal, |
| Additional Standing Counsel | |
| for State with ASI Ganga | |
| Saran, PS Gulabi Bagh. | |
| Respondent No. 2 in person. |
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 11.04.2018
By the present petition the petitioners seek quashing of FIR No.100/2017 under Sections 354A/509 IPC registered at PS Gulabi Bagh, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.
Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and the respondent No.2 the complainant/ victim.
Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the W.P.(CRL) 617/2018 Page 1 of 3
petitioners vide Settlement Deed dated 3rd February, 2018, copy of which is annexed as Annexure-P2 to the present petition, after the petitioners have apologised and assured that they will not misbehave in future. In terms of the settlement she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.
The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of the settlement arrived at between the parties. They tender their apology and assure that they will not indulge in any misbehaviour in future and to show remorse the petitioners undertake to deposit some costs also.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
Consequently, FIR No.100/2017 under Sections 354A/509 IPC registered at PS Gulabi Bagh, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a cost of ₹10,000/- each with the Juvenile Justice Fund maintained by the Registrar General of this Court within four weeks.
Page 2 of 3
W.P.(CRL) 617/2018
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
Petition is disposed of. Order dasti.
MUKTA GUPTA, J.
APRIL 11, 2018/‘vn’
Page 3 of 3
W.P.(CRL) 617/2018
1 issue framed by the court
Whether FIR under Sections 354A/509 IPC should be quashed upon settlement between parties.
1 provisions across 1 enactments
KAILASH SHANKAR & ORS
STATE GOVT OF NCT OF DELHI
MUKTA GUPTA
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
