Rishi & Anr. v. The State & Anr.

Delhi High Court · 28 Aug 2017 · 2017:DHC:4891
Vinod Goel
CRL.M.C. 2680/2017
2017:DHC:4891
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 354, 506, 509, and 34 IPC following an amicable settlement between the parties, exercising its inherent powers under Section 482 Cr.P.C. subject to payment of costs.

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CRL.M.C. 2680/2017
HIGH COURT OF DELHI
CRL.M.C. 2680/2017
RISHI & ANR. ..... Petitioner
Through: Mr.R.P.S. Bhatti, Advocate with petitioner in person.
VERSUS
THE STATE & ANR ..... Respondents
Through: Mr.Tarang Srivastava, APP for the State with SI Chanchal, PS Mayur Vihar, Delhi.
Mr. Ashok Kumar, Advocate for R-2 to R-4 along with respondents No.2 to 4 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL O R D E R 28.08.2017
Crl.M.A. 11112/2017 (exemption)
Exemption allowed subject to all just exceptions.
Application is disposed of.
JUDGMENT

1. Notice. Learned APP, who appears on an advance copy having been served, accepts notice.

2. Notice to respondent no. 2 also. She is present in court and accepts notice. She is being represented by her counsel. She is duly identified by the SI Chanchal.

3. The petitioners have invoked the writ jurisdiction of this court under 2017:DHC:4891 Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’) for quashing of the FIR bearing No.773/2014, registered on 06.12.2014 with Police Station Mayur Vihar, Phase-1, East Delhi under Sections 354/506/509/34 IPC on the complaint of respondent No.2.

4. As per the allegations in the FIR, both the petitioners entered into the house of the respondents. The petitioner No.1 has been pressuring the respondent No.2 to marry him.

5. On 01.06.2017, the petitioners have amicably resolved and settled their disputes. Both the petitioners present in the court undertake that they shall neither repeat such behaviour nor harass the respondents in future. The respondents No.2 to 4 submit that they have willingly settled the matter with the petitioners without any force or coercion and they do not want to pursue the said FIR. They submit that the said FIR may be quashed.

6. Learned APP through the I.O. submits that the charge sheet has been filed and charges have been framed against both the petitioners.

7. In the circumstances, when the matter has been settled between the parties amicably and the petitioners are residing in the same colony, no purpose would be served in further pursuing with the said FIR. Hence, to secure ends of justice, the FIR bearing No.773/2014, registered on 06.12.2014 with Police Station Mayur Vihar Phase-1, East Delhi under Sections 354/506/509/34 IPC and proceedings arising out of the same are hereby quashed subject to both the petitioners depositing a sum of Rs.10,000/- as cost with the Prime Minister’s Relief Fund within four weeks from today. Copy of receipt be filed within two weeks thereafter and copy of the same be also supplied to the IO

8. The petition is disposed of accordingly.

9. Dasti.