Subhash Chand vs State & Anr
2012 Latest Caselaw 122 Del

$~34
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C. 53/2012

%              Judgment delivered on: 06th January, 2012


       SUBHASH CHAND               ..... Petitioner
                   Through : Mr.Rambir Chauhan, Adv.

                       versus

       STATE & ANR                         ..... Respondent
                                Through : Mr.Navin Sharma, APP for State.
                                Respondent no. 2 in person.



CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

Crl. M.A. 203/2012 Exemption is allowed subject to just exceptions. Criminal M.A. stands disposed of.

+      Crl. M.C. 53/2012
1.     Notice issued.

2. Ld. APP accepts notice on behalf of respondent no. 1/State.

3. Ld. Counsel for the petitioner submits that vide FIR no. 595/2003, case under Sections 419/420/468/47/506/34 Indian Penal Code, 1860 was registered against the petitioner at PS-Kashmere Gate

on the complaint of respondent no.2.

4. Ld. Counsel for the petitioner further submits that a settlement was arrived at between the parties before the Mediation Centre, Tis Hazari Court, Delhi on 28.01.2011 and therefore respondent no. 2 is not interested to pursue the case any further.

5. Ld. Counsel for the petitioner further submits that the petitioner has already paid the entire amount as agreed in the aforesaid settlement.

6. Respondent no. 2 is present in person and produced his Voter I- Card bearing no. KSP0912303 issued by the Election Commission of India to prove his identity. He submits that since the matter has already been settled and the total amount has been received before the concerned MM he is not interested in pursuing the present FIR and has no objection if the same be quashed.

7. Ld. APP on the other hand submits that in the aforesaid FIR there are three accused persons, two were already declared PO. Therefore, charges are framed only against the petitioner and the case is pending for PE.

8. Ld. APP further submits that although the matter has been resolved before the Mediation Cell, since the Govt. machinery has been pressed and precious time of the court has been consumed, if this court is inclined to quash the instant FIR, heavy cost may be imposed on the petitioner.

9. Though I found force in the submission of ld. APP for State, however keeping the financial condition of the petitioner in to view, as he is working as a Class - IV Employee in DTC, I refrain in imposing

cost on the petitioner.

10. Keeping the statement made before the ld. MM, Settlement arrived at between the parties at Mediation Centre, Tis Hazari Courts, Delhi, statement of respondent no. 2 and in the interest of justice, FIR no. 595/2003 registered at PS-Kashmere Gate is quashed with emanating proceedings thereto.

11. Crl. M.C. 53/2012 is allowed on the above terms.

12. Dasti.

SURESH KAIT, J

JANUARY 6, 2012 Jg