ivir. Suresh Kunnar and Mr. Alok Sinlna, Advs. v. STATE & ANR

Delhi High Court · 06 Sep 2011 · 2011:DHC:9976
HON'BLE MR. JUSTICE SURESH KAIT; 06.09.2011
2011:DHC:9976
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR registered under Sections 341, 354, 506, and 34 IPC following an amicable settlement between parties and imposed costs on the petitioner.

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$-38 HIGH COURT OF DELHI
CRL.M.C. 2618/2011
MOHD SARTAZ Petitioner Througli : ivir. Suresh Kunnar and Mr. Alok Sinlna, Advs.
VERSUS
STATE & ANR Respondents Througli : Ms. Ritu Gauba, APP for State with SI Ajay Kumar, PS Welcome Colony
Mr. S C Sharma, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
06.09.2011
ORDER

1. Ld. counsel for the petitioner submits that FIR No.165 dated 05.08.2009 was registered under Section 341/354/506/34 Indian Penal Code, 1860 against the petitioner on the complaint of respondent No.2 at PS Welcome Colony.

2. Ld. counsel for the petitioner further submits that respondent No.2 has amicably settled all the disputes with the petitioner. 2011:DHC:9976

3. Respondent No.2, who is present in Court and is identified by his counsel Mr. S C Sharma and SI Ajay Kumar, PS Welcome Colony. She submits that she has no objection if the present FIR is quashed.

4. Keeping the settlement deed dated 18.07.2011 in view and the fact that respondent No.2 does not want to pursue the case, in the interest of justice I quash FIR No.165 dated 05.08.2009 ^ registered under Section 341/354/506/34 Indian Penal Code, 1860 against the petitioner on the complaint of respondent No.2 at PS Welcome Colony and the proceedings emanating thereto.

5. Ld. APP submits that charge-sheet has already been filed but the charges are yet to be framed. Ld. APP further submits that while quashing the FIR, heavy cost should be imposed on the petitioner. Therefore, I impose cost of ^15,000/- to be paid in favour of ' Delhi Child Welfare Fund' at Child Protection Unit, Department of Women and Child Development, 1 Canning Lane, K.G. Marg, New Delhi within one week from today. Proof of the same shall be placed on record.

SURESH KAITJ SEPTEMBER 06, 2011 vid