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Ramesh Sharma v. State Nct Of Delhi And Another
Factual and Procedural Background
The petitioner filed the present petition seeking quashing of FIR No.213/2020 dated 09.09.2020, registered at PS Shaheen Bagh, along with all proceedings arising therefrom. The parties have settled their disputes amicably, and respondent no.2, who was identified by the Investigating Officer and present in court, expressed no objection to the quashing of the FIR. The petition was taken up for final disposal with the consent of counsel for the parties and acceptance of notice by the learned APP for the State.
Legal Issues Presented
- Whether FIR No.213/2020 and all proceedings arising therefrom should be quashed in light of the parties' settlement and the respondent no.2's withdrawal of prosecution.
- Whether a cost should be imposed on the petitioner for quashing the FIR, considering the State's contention regarding misuse of government machinery and public resources.
Arguments of the Parties
Petitioner’s Arguments
- The parties have amicably settled their disputes.
- Respondent no.2 has no objection to the quashing of the FIR.
- The petitioner agreed to contribute Rs. 25,000/- for welfare purposes as a gesture of goodwill.
State’s Arguments
- The petitioner cheated respondent no.2 and misappropriated Rs. 1,20,000/-.
- Despite partial payment during mediation, the petitioner allegedly misled the complainant.
- The FIR registration mobilized government machinery and consumed significant public time.
- If the Court quashes the FIR, a heavy cost should be imposed on the petitioner to send a societal message.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court noted the amicable settlement between the parties and the respondent no.2’s explicit statement disallowing further prosecution. While the learned APP opposed the quashing citing alleged cheating and misuse of public resources, the Court took into account the settlement and the respondent’s position. To balance the State's concerns, the Court directed the petitioner to pay Rs. 25,000/- towards welfare causes, split between the Delhi Police Martyrs Fund and an institution for destitute women and children. Considering these factors, the Court concluded that continuing prosecution would serve no useful purpose and thus was inclined to quash the FIR and related proceedings.
Holding and Implications
FIR No.213/2020 dated 09.09.2020 registered at PS Shaheen Bagh and all consequent proceedings are quashed.
The petition is allowed and disposed of. The petitioner is directed to pay Rs. 25,000/- towards specified welfare funds within ten days and furnish receipts to the Investigating Officer. This decision ends the prosecution against the petitioner in this matter and does not establish any new legal precedent beyond the immediate case.
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 CRL.M.C.1947/2020 Page 2 of 3 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 complainants 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 CRL.M.C.1947/2020 Page 3 of 3 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
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