Usha Siwan vs State (Gnct Of Delhi) & Anr
2016 Latest Caselaw 230 Del

#23
         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision: 12.01.2016

W.P.(CRL) 88/2016


USHA SIWAN                                            ..... Petitioner
                           Through:     Mr. R.K. Saini, Advocate

                           versus

STATE (GNCT OF DELHI) & ANR             ..... Respondents

Through: Ms. Kamna Vohra, ASC (Criminal) with SI Jatan Singh, DIU/SD for R-1 Mr. Sitab Ali Chaudhary, Advocate for R-2 CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

CRL.M.A.484/2016 (Exemption)

Exemption granted subject to all just exceptions.

The application is disposed of accordingly.

W.P.(CRL) 88/2016 & CRL.M.A.483/2016 (Stay)

1. The present is a petition under Article 226 of the Constitution of India

read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.)

seeking quashing of FIR No.561/2014, under Sections 385/506 IPC,

registered at Police Station- Fatehpur Beri, Delhi and the proceedings arising

therefrom.

2. It is an admitted position that the offences alleged to have been

committed by the petitioner Usha Siwan are bailable and compoundable

within the meaning of Section 320 CrPC.

3. The subject FIR came to be registered on an allegation made by the

complainant herein Mr. Salim Ahmed S/o Mr. Bakhtawer Khan to the effect

that Usha Siwan, the petitioner herein, had tried to extort money from him

under the threat of physical injury.

4. The complainant as well as the petitioner, who are present in person

and are represented by their counsel, state that they have arrived at an

amicable resolution of their disputes that led to the registration of the subject

FIR.

5. At this stage, it would be relevant to notice that a cross-FIR has been

registered against the complainant herein at the instance of the petitioner

herein at Police Station - DLF Phase-II, Gurgaon, Haryana. This Court is

not concerned with the said cross-FIR and is, therefore, not making any

comments thereon.

6. In view of the foregoing, the misunderstanding that led to the

registration of the subject FIR has been resolved amicably by and between

the parties without any undue influence, pressure or coercion, no useful

purpose will be served by proceeding with the subject FIR and the

proceedings arising therefrom.

7. Consequently, FIR No.561/2014, under Sections 385/506 IPC,

registered at Police Station- Fatehpur Beri, Delhi and the proceedings arising

therefrom are hereby set aside and quashed qua the petitioner subject to her

depositing a sum of Rs.10,000/- with the Victims' Compensation Fund,

Government of NCT of Delhi within a period of two weeks from today. A

copy of the receipt of the said deposit shall be furnished to the concerned IO

SI Jatan Singh.

8. The writ petition is allowed and disposed of accordingly. The pending

application also stands disposed of.

SIDDHARTH MRIDUL, J JANUARY 12, 2016/dn