Deepak Sharma v. The State of Delhi

Delhi High Court · 15 Apr 2015 · 2015:DHC:10722
Manmohan Singh
CRL.M.C. 4285/2014
2015:DHC:10722
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 364-A/34 IPC following an amicable settlement between parties, imposing costs on petitioners for use of State machinery.

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$-12 HIGH COURT OF DELHI
CRL.M.C. 4285/2014
DEEPAK SHARMA &ORS Petitioners
Through Mr.R.S. Juneja, Adv. with Mr.Yogesh Kr. Rana, Adv. along withpetitioners in person.
VERSUS
THE STATE OF DELHI &ORS Respondents 'f Through Ms.Jasbir Kaur, APP forthe State along with SI Arjun Singh.
Respondents No.2 and 3 in person.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
15.04.2015 This matter is taken up today as April, 2015 was declared holiday.
This is a petition filed by the petitioners under Section 482 of the
Code of Criminal Procedure seeking quashing of FIR No. 171/2009 under
ORDER

3 Sections 364-A/34 IPC, Police Station Khajoori Khas, Delhi, and proceedings arising out of the said FIR. The aforesaid FIR is registered on the basis of complaint lodged by the complainant/respondent No. 3. As per FIR allegations against the petitioners are that the respondent No.2 was kidnapped by them. On the basis of the complaint of respondent No.3 the aforesaid FIR was registered against the petitioners. It is stated that during the pendency of these proceedings the petitioners and respondents No.2 and 3 have settled their disputes amicably 2015:DHC:10722 before the Delhi Mediation Centre, Karkardooma Courts, Delhi, on 22"'' July, 2013. The respondents No.2 and 3, who are present before Court, affirm that they have settled the disputes with the petitioners. They further state that they have now no grievance left against the petitioners and they wish to withdraw the complaint filed by them against the petitioners. Counsel for the State has no objection to the same. In view ofthe averments made in the petition, I am ofthe opinion that / no usefiil purpose would be served in continuing the proceedings arising out of the above said FIR. Accordingly, the proceedings arisen from the FIR No.171/2009 under Sections 364-A/34 IPC, Police Station Khajoori Khas, Delhi, are hereby quashed qua the petitioners. Since the State machinery has been used, while quashing the FIR, I impose the cost of Rs.10,000/- each upon the petitioners, which shall be deposited by them with the Delhi High Court Mediation and Conciliation Centre within four weeks from today. The original receipts of depositing the cost shall be filed by the petitioners in the Registry within six weeks and a copythereof be also handed overto the 10. In case the receipts are not filed by the petitioners within the stipulated period, the matter shall be listed before Court for further directions. The petition is accordingly disposed of Dasti. i