Full Judgment Text
$~16
IN THE HIGH COURT OF DELHI AT NEW DELHI
*
Date of decision: 18.01.2021
+ CRL.M.C. 1947/2020 & CRL.M.A. 13869/2020
RAMESH SHARMA ..... Petitioner
Through Mr. Harshit Sethi, Adv.
versus
STATE NCT OF DELHI & ANR. .... Respondents
Through Mr. Izhar Ahmad, APP for State with
SI Ravinder Chander, PS Shaheen
Bagh
R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
1. Vide the present petition, petitioner seeks direction thereby for
quashing of FIR No.213/2020 dated 09.09.2020, registered at PS – Shaheen
Bagh and all other proceedings arising therefrom.
2. Notice issued.
3. Notice is accepted by learned APP for State and by respondent no.2
present in person and with the consent of counsel for parties, the present
petition is taken up for final disposal.
4. The present petition is filed on the ground that parties have settled
CRL.M.C.1947/2020 Page 1 of 3
their disputes and respondent no.2 has no objection if the present petition is
allowed.
5. Respondent no.2 is personally present in Court and she has been
identified by SI Ravinder Chander/IO and submits that matter has been
settled and she does not wish to prosecute the matter any further.
6. Petitioner and respondent no.2 have entered into an amicable
settlement.
7. Learned APP for State has opposed the present petition by stating that
the petitioner has cheated respondent no.2 and misappropriated an amount of
₹
1,20,000/-. Though after the FIR, during mediation the petitioner has paid
₹
an amount of 2,50,000/- to the complainant but still the petitioner is alleged
to have misled the complainant and cheated her on the assurance that he
prayed for resolution of problems and tensions in complainant’s house.
Moreover, due to the registration of FIR, government machinery came in
motion and a lot of precious public time has been consumed, therefore, if
this Court is inclined to quash FIR, heavy cost may be imposed upon
petitioner in order to send a message to society at large.
8. Learned counsel for petitioner, on instructions from petitioner, has
₹
come forward and agreed to contribute an amount of 25,000/- for welfare
CRL.M.C.1947/2020 Page 2 of 3
purposes.
9. Accordingly, petitioner is directed to pay this amount in the following
manner:-
(a) Rs.15,000/- in favour of Delhi Police Martyrs Fund;
(b) Rs.10,000/- in favour of Nirmal Chhaya Complex, Jail Road,
New Delhi for the welfare of destitute women and children.
10. Petitioner is directed to pay this amount within 10 days and receipt of
the same shall be furnished to IO concerned.
11. Taking into account the aforesaid facts, this Court is inclined to quash
FIR as no useful purpose would be served in prosecuting petitioner any
further.
12. For the reasons afore-recorded, FIR No.213/2020 dated 09.09.2020,
registered at PS – Shaheen Bagh and consequent proceedings emanating
therefrom are quashed.
13. The petition is, accordingly, allowed and disposed of.
14. Pending applications also stands disposed of.
(SURESH KUMAR KAIT)
JUDGE
JANUARY 18, 2021/rk
CRL.M.C.1947/2020 Page 3 of 3