FIR quashed on the ground of settlement agreement between the offender and victim

Delhi High Court: While deciding the matter under Section 482 of CrPC, a single judge bench comprising of Suresh Kait J., annulled the criminal proceedings against the accused on the ground of the mutual settlement between the parties. The petitioners approached the Court to quash the FIR for the offences punishable under Sections 468/120B/471/420/467 IPC and Section 12 of Passport Act against them. A cross-case for the offences punishable under Sections 498A/406/34 IPC was also pending. Both the parties were present in the Court and submitted that they have amicably settled the matter. However the Court realized that in this process, government machinery has been put into motion and precious time of the Court has been consumed, therefore, it agreed to impose costs on the petitioners.

The Court relying on the judgments of Gian Singh v. State of Punjab, (2012) 10 SCC 303, and Narinder Singh  v. State of Punjab, (2014) 6 SCC 466, quashed the aforesaid proceedings and on the issue of cost it directed the petitioner no.1 to pay an amount of Rs.1,00,000/- in favour of “The Superintendent, ‘Nirmal Chaya’, Tihar Jail, Hari Nagar, New Delhi, Welfare Fund for Children and Destitute Women’ within two weeks under prior intimation to the Investigating Officer concerned. The Court also directed the Superintendent of the Centre to keep the said amount in the form of FDR initially for a period of 1 year to be renewed periodically and interest accrued thereon be utilized for the well- being of the children and the destitute women of the aforesaid centre. [Shweta Sabharwal v. The State Delhi Admn.2015 SCC OnLine Del 12450 decided on 29.09.2015]

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