Delhi High Court
Shashi Godara vs State & Anr. on 12 December, 2019
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 12.12.2019
+ CRL.M.C. 6178/2019
SHASHI GODARA ..... Petitioner
Through Mr.R.K. Lamba, Adv.
versus
STATE & ANR. ..... Respondents
Through Mr. Panna Lal Sharma, APP for State.
Insp.Subeer Ojaswi ASI Jai Prakash
PS Dwarka.
Mr.Hari Om, Adv. for R-2 with 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, the petitioner seeks direction thereby
quashing FIR No.96/2018 dated 01.04.2018, registered at PS - Sector-23,
Dwarka, for the offences punishable under Sections 392/411 IPC and all
other proceedings emanating therefrom.
2. Notice issued.
3. Notice is accepted by learned APP for the State and counsel for the
respondent no.2.
4. With the consent of the counsel for the parties, the present petition is
taken up for final disposal.
5. The present petition is filed on the ground that the parties have settled
their disputes and the respondent No.2 has no objection if the present
petition is allowed.
6. Respondent No.2 is personally present in Court with learned counsel
and he has been identified by ASI Jai Prakash/IO and submits that matter
has been settled and he does not wish to prosecute the matter any further.
7. The petitioner and respondent no.2 have entered into an amicable
settlement vide settlement deed dated 18.11.2019.
8. Learned APP for the State has opposed the present petition and
submits that another case vide FIR No.230/2018 registered at Police Station,
Sector 23, Dwarka for the offence punishable under section 380 IPC
pending against the petitioner, hence, he is a habitual offender.
9. He further submits that if this Court is inclined to quash the FIR,
heavy cost may be imposed upon the petitioner because government
machinery came into motion and due to the offences committed by the
petitioner, public time has been consumed.
10. Counsel for the petitioner has produced order dated 05.12.2019
passed by learned ACMM, South-West, Dwarka wherein it is stated by the
parties that matter has been settled and in terms of which the accused has
undertaken to pay a sum of Rs.60,000/- out of which Rs.20,000/- each to the
complainant for compounding of the offence. Accordingly, matter is
directed to be listed on 09.01.2020 for making of the said payment and
recording statement of the parties in case F.I.R no. 230/2018 registered at
Police Station Sector 23, Dwarka.
11. Counsel for the petitioner, on instructions from the petitioner who is
present in Court, has come forward and is ready to deposit an amount of
Rs.50,000/- for the welfare purpose.
12. Accordingly, the petitioner is directed to deposit an amount of
Rs.50,000/- within four weeks from today and proof of the same shall be
produced before the Trial Court and copy of the same be given to the IO
concerned.
13. Out of the said amount, an amount of Rs.15,000/- shall be paid in
favour of 'Delhi Police Martyr Fund' and Rs.25,000/- shall be paid in favour
of the complainant and an amount of Rs.10,000/- in favour of Delhi High
Court Legal Services Committee.
14. Taking into account the aforesaid facts, this Court is inclined to quash
the concerned FIR as no useful purpose would be served in prosecuting the
petitioner any further.
15. For the reasons afore-recorded, the FIR No.96/2018 dated 01.04.2018,
registered at PS - Sector-23, Dwarka, for the offences punishable under
Sections 392/411 IPC and consequent proceedings emanating therefrom are
quashed.
16. The petition is allowed and disposed of accordingly.
17. Order dasti
(SURESH KUMAR KAIT)
JUDGE
DECEMBER 12, 2019
ab
