Ramesh Sharma vs State Nct Of Delhi & Anr.
2021 Latest Caselaw 183 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                   Date of decision: 18.01.2021

+      CRL.M.C. 1947/2020 & CRL.M.A. 13869/2020
       RAMESH SHARMA                                         ..... Petitioner
                           Through         Mr. Harshit Sethi, Adv.

                           versus

       STATE NCT OF DELHI & ANR.               .... Respondents
                     Through  Mr. Izhar Ahmad, APP for State with
                              SI Ravinder Chander, PS Shaheen
                              Bagh
                              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, petitioner seeks direction thereby for

quashing of FIR No.213/2020 dated 09.09.2020, registered at PS - Shaheen

Bagh and all other proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by respondent no.2

present in person and with the consent of counsel for parties, the present

petition is taken up for final disposal.

4. The present petition is filed on the ground that parties have settled

their disputes and respondent no.2 has no objection if the present petition is

allowed.

5. Respondent no.2 is personally present in Court and she has been

identified by SI Ravinder Chander/IO and submits that matter has been

settled and she does not wish to prosecute the matter any further.

6. Petitioner and respondent no.2 have entered into an amicable

settlement.

7. Learned APP for State has opposed the present petition by stating that

the petitioner has cheated respondent no.2 and misappropriated an amount of

₹ 1,20,000/-. Though after the FIR, during mediation the petitioner has paid

an amount of ₹2,50,000/- to the complainant but still the petitioner is alleged

to have misled the complainant and cheated her on the assurance that he

prayed for resolution of problems and tensions in complainant's house.

Moreover, due to the registration of FIR, government machinery came in

motion and a lot of precious public time has been consumed, therefore, if

this Court is inclined to quash FIR, heavy cost may be imposed upon

petitioner in order to send a message to society at large.

8. Learned counsel for petitioner, on instructions from petitioner, has

come forward and agreed to contribute an amount of ₹ 25,000/- for welfare

purposes.

9. Accordingly, petitioner is directed to pay this amount in the following

manner:-

(a) Rs.15,000/- in favour of Delhi Police Martyrs Fund;

(b) Rs.10,000/- in favour of Nirmal Chhaya Complex, Jail Road,

New Delhi for the welfare of destitute women and children.

10. Petitioner is directed to pay this amount within 10 days and receipt of

the same shall be furnished to IO concerned.

11. Taking into account the aforesaid facts, this Court is inclined to quash

FIR as no useful purpose would be served in prosecuting petitioner any

further.

12. For the reasons afore-recorded, FIR No.213/2020 dated 09.09.2020,

registered at PS - Shaheen Bagh and consequent proceedings emanating

therefrom are quashed.

13. The petition is, accordingly, allowed and disposed of.

14. Pending applications also stands disposed of.

(SURESH KUMAR KAIT) JUDGE JANUARY 18, 2021/rk