SHYAM Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Sh. Shyam for quashing of FIR No.283/2013 dated 27.07.2013, under Sections 363/366 IPC registered at Police Station Khyala on the basis of the compromise deed executed between petitioner and respondent nos. 2 & 3, namely Ms. Khushboo and Sh. Kamlesh respectively on 13.02.2016.

(2.) Learned Additional Public Prosecutor for respondent -State submitted that respondent no.3 present in the Court has been identified to be the complainant/first informant and respondent no.2 has been identified to be the victim in the FIR in question by SI Ram Bhav. The factual matrix of the present case is that the FIR in question was lodged by the complainant on the allegation that on 25.07.2013, the complainant's daughter, aged 16 years and 7 months, was taken away by some unknown person and that the complainant didn't doubt anybody and that search for the complainant's daughter be carried out. Thereafter, on the basis of the complaint, soon after which the complainant's/respondent no.3's daughter was found, the FIR in question was registered against the accused/petitioner. Subsequently, charge sheet was filed. The parties arrived at an amicable settlement shortly.

(3.) Respondent Nos. 2 and 3 present in the Court submitted that the dispute between the parties has been amicably resolved with the intervention of respectable persons of the society. As per the compromise deed, it is agreed that respondent nos.2 & 3 have no objection if the FIR in question is quashed against the petitioner. It is also agreed that the respondent nos.2 & 3 shall be ready to make appropriate affirmative statements in favour of the quashing of the FIR in question against the petitioner before this Court and that affidavits to this effect, have already been signed by respondent nos.2 & 3, which shall be annexed with the quashing petition. It is also agreed that the parties shall not create any nuisance in future and that they shall maintain peace and abide by the law at all times in future. Respondent nos. 2 & 3 affirmed the contents of the aforesaid settlement and of their affidavits dated 15.02.2016 supporting this petition. In the affidavit, they have stated that they have no objection if the FIR in question is quashed. All the disputes and differences have been resolved through mutual consent. Now no dispute with the petitioner survives and so, the proceedings arising out of the FIR in question be brought to an end. Statements of respondent nos.2 & 3 have been recorded in this regard in which they stated that they have entered into a compromise with the petitioner and have settled all the disputes with him. They further stated that they have no objection if the FIR in question is quashed.