CRL.M.C./2924/2022 of RUPESH YADAV Vs THE STATE & ORS.
Parties
- > picture [57 x 58] intentionally omitted <== (PETITIONER)
- > picture [365 x 81] intentionally omitted <== (RESPONDENT)
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* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 2924/2022 RUPESH YADAV ..... Petitioner Through: Mr.Amit Rao, Adv.
versus
THE STATE & ORS. ..... Respondents Through: Mr.Aman Usman & Mr.Satinder Singh Bawa, APP with SI Jyoti. R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLAO R R19.01.2024
1.This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.') seeking quashing of FIR No. 849/2015 registered at Police Station: Punjabi Bagh, New Delhi under Sections 354/506/509 of the Indian Penal Code, 1860 (in short, ‘IPC’) along with all other proceedings emanating therefrom.
2.The learned counsel for the petitioner submits that the parties have amicably resolved their inter se disputes and have entered into mutual settlement/ compromise deed dated 27.05.2022.
3.The respondent no.2, who is present in person and has been duly identified by the IO, re-affirms the abovementioned settlement and submits that she does not have any objection with the quashing of the subject FIR.
4.Considering the Settlement between the parties, and being guided by the principles enunciated by the Supreme Court in its
judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bimsinh Karmur & Ors. v. State of Gujarat & Ors. and (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, I find that there is no use in continuing with the proceedings of the present FIR as it would rather create further acrimony between the parties and will be misuse of the process of the Court and an unnecessary burden on the State exchequer.
5.Accordingly, the petition is allowed. Consequently, the FIR No. 849/2015 registered at Police Station: Punjabi Bagh, New Delhi under Sections 354/506/509 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner deposits costs of Rs.15,000/- with Delhi State Legal Services Authority within period of four weeks from today. The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing counselling/psychological support to the POCSO Victims requiring such assistance.
6.The petitioner shall file proof of such deposit of the above costs with the Registry of this Court and also supply copy thereof to the concerned IO within the said period.
7.The petition is allowed in the above terms.
NAVIN CHAWLA, J
JANUARY 19, 2024/Arya
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