Single judge order in a writ petition quashing an FIR under Sections 354/354B IPC citing a voluntary settlement, compromise deed, and complainant's consent without fear or coercion. Costs imposed on petitioner.
Quashed FIR No.502/17 under Sections 354/354B IPC and all proceedings; petitioner burdened with Rs 15,000 costs.
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ASHISH NAGRATH ..... Petitioner
Through : Mr.Himanshu Bajaj, Advocate.
versus
STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through : Mr.Rahul Mehra, Standing counsel with Mr.Jamal Akhtar and Mr.C.Gosain, Advocates. Mr.Jatinder Kaur, Advocate, for R-2 along with R-2 present in person. SI Ashok, PS Amar Colony.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
O R D E R % 10.01.2018
Crl.M.A.No.496/2018 (Exemption)
W.P.(CRL) 83/2018
(1) Present petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No.502/17 under Sections 354/354B IPC registered at Police Station Amar Colony. It is stated that the matter has been settled with the complainant/respondent No.2 amicably. W.P.(CRL) 83/2018 Page 1 of 2
Page 1 of 2
(2) Respondent No.2-complainant is present before the Court along with her counsel. 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 amicably 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. Compromise deed/Memorandum of Understanding dated 30.12.2017 signed by the parties is on record. Parties were acquainted with each other before the incident.
(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.502/17 under Sections 354/354B IPC registered at Police Station Amar Colony and all the proceedings emanating therefrom are quashed.
(5) The petitioner is, however, burdened with costs of ` 15,000/- to be deposited with Prime Minister Relief Fund within two weeks. The Registry shall ensure the compliance of the order.
(6) The petition is disposed of accordingly.
S.P.GARG, J.
JANUARY 10, 2018/ sa
Page 2 of 2
W.P.(CRL) 83/2018
1 issue framed by the court
Whether the FIR under Sections 354/354B IPC should be quashed given the voluntary settlement between parties.
3 provisions across 3 enactments
ASHISH NAGRATH
STATE (GOVT OF NCT OF DELHI)
COMPLAINANT (R-2)
S.P.GARG
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
