Vicky Kapoor & Ors vs State & Anr
2012 Latest Caselaw 1755 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+            CRL.M.C. No.3911/2011

%            Judgment delivered on: 14th March, 2012

VICKY KAPOOR & ORS             ..... Petitioner
                 Through: Mr.Romil Pathak, Adv.

                     versus

STATE & ANR                         ..... Respondent
                              Through: Ms.Rajdipa Behura, APP for State/R1
                              with SI Ichha Ram, PS-N.F. Colony.
                              Mr. Vipul Goel, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Ld. Counsel for the petitioner submits vide FIR no. 116 dated 25.07.2011, case under Section 406/420 IPC was registered at PS-New Friends Colony, against the petitioners on the complaint of respondent no. 2.

2. It is further submitted that vide compromise deed dated 18.10.2011, respondent no. 2 has settled all the issues with the petitioners qua the aforesaid FIR.

3. The petitioners agreed to fulfil all the terms and conditions mentioned in the compromise deed which is at Page no.29 of the paper book.

4. It is further submitted that respondent no. 2 is no more interested to pursue the case, therefore, instant petition may be allowed.

5. Mr. Vipul Goel, Adv., husband of respondent no. 2 has appeared on behalf of respondent no. 2 and has submitted that he has been authorized to

make the statement, therefore, he submits that his wife has settled all the issues qua the aforesaid FIR and she is no more interested to pursue the case further. If the FIR mentioned above is quashed, she has no objection.

6. Ld. APP on the other hand submits that the matter is pending for investigation. Chargesheet has not been filed due to the fact that compromise talks were going between the parties.

7. Ld. APP further submits though the offences are compoundable, however in this process, govt. machinery has been pressed into, therefore some costs may be imposed upon the petitioners.

8. Keeping the settlement and the statement of husband of respondent no.2 named above into view and in the interest of justice, I quash the FIR no. 116 dated 25.07.2011 registered at PS-New Friends Colony against the petitioners.

9. However, I find force in the submission of ld. APP on costs, therefore while allowing the instant petition, I impose a cost of Rs.10,000/- each on all the petitioners to be paid in favour of "Delhi High Court Legal Services Committee" within 4 weeks from today with intimation to SHO concerned. Proof of the same shall also be placed on record. SHO concerned shall ensure the timely deposition of costs.

10. I here make it clear that cost imposed upon the petitioners by this Court shall not come any way in their career.

11. Crl. M.C. 3911/2012 is allowed on the above terms.

12. Dasti SURESH KAIT, J MARCH 14, 2012 Jg