Karan Kunal v. State( Govt Of NCT Of Delhi) & ANR

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 251/2019 KARAN KUNAL ..... Petitioner Through:

Mr.Surya Nath Pandey, Adv with petitioner in person versus STATE( GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:

Mr.Jamal Akhtar, Adv with Mr.Amanpreet Singh, for Mr.Rahul Mehra, SC(Crl.) with SI Murari Lal PS Prasad Nagar Respondent No. 2 in person

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 14.03.2019 The instant petition has been filed by the petitioner seeking quashing of the FIR No. 307/2017 registered at PS Prasad Nagar for the offences punishable under Section 354(D)/506/509 of the Indian Penal Code, 1860 (in short 'IPC'), on the complaint of respondent No. 2 and the proceedings pursuant thereto on the ground that a compromise/settlement dated 18.12.2018 has been arrived at between the parties in the matter.

Respondent No. 2 is present in Court today. She states that she has settled the matter with the petitioner with her own free will and choice without any threat, pressure and coercion as per Compromise Deed dated 18.12.2018. Today, she has received a compensation of Rs.25,000/- (twenty thousand only). She further submits that she does not wish to pursue the abovementioned FIR and the proceedings thereto.

The question which arises for consideration that whether the FIR in the instant case can be quashed as the Section 354(D) IPC involved, is a noncompoundable offence. In Crl.M.C. 1988/2017 titled as Yumnam Marjit Singh vs State & Anr, the Coordinate Bench of this Court, while relying on the case of Gian Singh vs. State of Punjab (2012) 10 SCC 303 and B.S. Joshi & Ors vs. State of Haryana & Anr. 2003 (4) SCC 675, had quashed the case wherein the offence under Section 354(D) was involved.

Keeping in view the facts, decision rendered by the coordinate bench of this court and the fact that the parties have amicably resolved their differences voluntarily and out of their own free will and without any coercion, pressure, no useful purpose will be served in continuance of the proceedings. It would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. Consequently, FIR No. 307/2017 registered at PS Prasad Nagar for the offences punishable under Section 354(D)/506/509 IPC and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

Copy of this order be given dasti under the signature of the Court Master. SANGITA DHINGRA SEHGAL, J MARCH 14, 2019 / SU