Gaurav Sharma & Ors. v. State & Anr.

1. This is a petition under Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.117/2015 under Sections 452/354/323/506/509/34 IPC registered at Police Station Sagarpur, Delhi and conseqiient proceedings emanating therefrom on the ground that the parties have compromised the matter.

2. The FIR in the instant case was registered on the basis of a complaint made by respondent No.2/complainant - Ms.Anita alleging therein that on 07.02.2015 at about 2.00 pm when she was present at her house suddenly Mr.Poli Mishra, Mr.Gaurav Sharma, Richi Pandit, Mr.Shani and Mr.Maniy came and entered in her house forcibly and started to beat her nephews namely Parvesh and Indresh saying that why they were not voting for BJP. Mr.Gaurav pushed her chest and beat her and her nephews. On the statement of respondent No.2 Smt.Anita, the above-said FIR was registered.

3. The counsel for the petitioners submits that matter has been amicably settled between the parties as such, FIR be quashed.

4. The complainant/respondent no.2 is present in person duly identified by the Investigating Officer of the case and submits that she has amicably resolved 2015:DHC:10778.[3] --I all disputes with the petitioners with the intervention of friends and relatives. It is further submitted by her that all the disputes have been settled by her with the petitioners voluntarily without there being any threat, coercion or pressure of any sort. She further submits that in view of the settlement arrived at between the parties, she does not want any action against them and does not have any objection to quashing of the instant FIR.

5. Mr. Pramod Saxena, Additional Public Prosecutor for the State submits that in view of the settlement arrived at between the parties, he has no objection to quashing of FIR, but since the State machinery has been set in motion on account of objectionable acts of the petitioners, it is submitted that the petitioners be burdened with cost.

6. Keeping in view the fact that the parties have settled the matter amicably and in order to maintain peace and harmony, it will be in larger interest of the parties to set at rest the disputes. Moreover, in view of the aforesaid amicable settlement arrived at between the parties, I am of the considered view that no useful purpose would be served by continuing the criminal proceedings against the petitioners, which will only be an exercise in futility and wastage of precious time of the court.

7. Accordingly, the petition is allowed and the FIR No. 117/2015 under Sections 452/354/323/506/509/34 IPC registered at Police Station Sagarpur, Delhi and consequent proceedings emanating therefrom are hereby quashed, subject to deposit of Rs. 10,000/- as cost by each of the petitioners with Prime Minister Relief Fund within two (2) weeks. Copy of receipt be placed on record.

8. The petition stands disposed of accordingly. A copy of this order be given dasti under the signatures of the Court Master to counsel for the petitioner. ju1_.. cvpfr SUNITA GUPTA, J APRIL 14, 2015 mb