Rakesh Kumar Sharma vs State & Anr
2012 Latest Caselaw 577 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+             CRL.M.C. 4105/2011

%             Judgment delivered on: 27th January, 2012

       RAKESH KUMAR SHARMA                ..... Petitioner
                   Through : Mr. M.L. Sharma, Advocate

                     versus

       STATE & ANR                                    ..... Respondent
                              Through :   Mr. Navin Sharma, APP with SI
                                          Virender PS Patel Nagar.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT


SURESH KAIT, J. (Oral)

1. Learned counsel for the petitioner submits that vide FIR No. 744 dated 16th November, 1994, a case under Section 420/506 Indian Penal Code, 1860, was registered against the petitioner on the complaint of respondent No.2.

2. He further submits that respondent No.2 has amicably settled all the issues qua the aforementioned FIR, and therefore, he is no more interested to pursue the case any further.

3. Respondent No.2 is present in person, who states that he has settled all the disputes with the petitioner and is no more interest to pursue the case and

has no objection of the aforesaid FIR is quashed.

4. Learned APP on the other hand submits that the FIR in the present case was lodged way back in 1994; thereafter, the police filed charge-sheet and charges have been framed against the petitioner. The case is now pending for trial for prosecution evidence. Therefore, at this stage the instant petition may not be allowed.

5. Alternatively, he has submitted that if this Court is inclined to allow the petition, then heavy cost be imposed on the petitioner as the Government Machinery has been pressed in this process and public time has been consumed.

6. Keeping in view the statement of respondent No.2 that he is no more interested to pursue the case, and in the interest of justice, I quash the FIR No. 744 registered at PS Patel Nagar and the proceedings emanating thereto.

7. Learned counsel for the petitioner, on instructions, has come forward and states that the petitioner is willing to pay some amount for welfare purposes. I appreciate this gesture advanced by the petitioner.

8. Accordingly, the petitioner is directed to pay Rs.50,000/- in favour of the School and Home of Mentally retarded Children, Avantika, Sector-1, Rohini, Delhi, within three weeks from today. Proof of the same shall also be placed on record.

9. The Principal/Incharge of the School/Home is directed to keep the aforementioned amount in form of FDR, initially for period of two years to be renewed periodically and interest accrued thereupon shall be utilized for well being of the needy children of the school/home.

10. Crl.M. C. 4105/2011 is allowed in above terms.

11. Order dasti.

SURESH KAIT, J JANUARY 27, 2012 'raj'