Sunil Kalyani v. State

1. Issue notice. Ld. APP accepts notice on behalf of respondent No.l. Mr. Karn Kumar, Adv. accepts notice on behalf of respondent Nos.[2] and 3.

2. Ld. counsel for the petitioner submits that vide FIR No.109/2011 a case was registered under Section 308/506 Indian Penal Code, 1860 at PS Mukherjee Nagar, Delhi on the complaint of respondent No.2.

3. Ld. counsel for the petitioner further submits that petitioner and respondent No.2/complainant and respondent No.3/injured have 2011:DHC:12541 H No.3/injured have amicably settled all the issues qua the present FIR and they do not want to pursue the case further.

4. Respondent No.2/complainant and respondent No.3/injured are present in Court and submit that they have settled all the disputes qua the present FIR vide Settlement Deed dated 05.05.2011 and they do not want to pursue the instant case.

5. 10 SI Yogesh Kumar is present in Court who identifies both ^ the respondents.

6. Keeping the aforesaid settlement into view and in the interest of justice I quash FIR No.109/2011 registered under Section 308/506 Indian Penal Code, 1860 at PS Mukherjee Nagar on the complaint of respondent No.2 and the proceedings emanating thereto.

7. Ld. APP submits that Government machinery has been J used and precious time of the Court has been consumed, therefore, while quashing the FIR heavy cost should be imposed on the petitioner.

8. I find force in the submission of Id. APP. Hence, I impose cost of Rs.50,000/- on the petitioner to be paid in favour of 'Delhi Child Welfare Fund at Curzon Road, New Delhi' to be utilised for welfare of deaf and dumb children. Petitioner is directed to deposit the aforesaid cost within 2 weeks from today J and proof of the same shall be placed on record.

9. Crl.lVj.C.2113/2011 is allowed in the above terms.

10. Dasti.

SEPTEMBER 15, 2011 vld SURESH KAIT, J