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 & Ors. 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.,  decided on 29.09.2015]
Source: Legal news India

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