Om Pal Singh & ORS. v. State & ANR.

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 166/2020 OM PAL SINGH & ORS.

..... Petitioners Through: Mr. Rahul Chaudhary, Advocate alongwith petitioner Nos. 2 & 4 in person.

Versus

STATE & ANR.

..... Respondents Through: Dr. M.P. Singh, APP for State with W/SI Seema, P.S. Dwarka North Mr. Deepak Vashisht, Advocate with Mr. Mahesh Saroj & Mr. Akshit Sharma, Advocate for respondent No. 2 Respondent No. 2 in person alongwith her father.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 15.01.2020 CRL.M.A. 701/2020 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 166/2020 1.

The present proceedings are instituted seeking quashing of FIR No. 187/2014 under Sections 498-A/406/354/323/506/509/34 IPC registered at Police Station Dwarka (North), Delhi on the ground of settlement having been arrived at between the petitioners and respondent no. 2. 2.

Dr. M.P. Singh, learned APP for the State, submits that the charge sheet in the present case has been filed under the aforesaid sections against the petitioners and respondent no.2 is the only complainant/victim.

3.

It is stated that petitioner No. 1, father-in-law of respondent No. 2 has expired. Learned counsel for the petitioners submits that petitioner No. 3, the husband of respondent No. 2 is not present in the Court today as he has suffered spinal injury.

4.

Learned counsel for the petitioners submits that the petitioners and respondent no.2 have entered into a settlement on 22.10.2018. A copy of the same is annexed with the petition as Annexure P-4. In terms of the settlement, respondent no.2 is now left with no claim whatsoever against the petitioners.

5.

The petitioner Nos. 2 & 4 and respondent no.2 who are present in person are identified by their respective counsels as well as by the Investigating Officer. The petitioners have shown remorse for their conduct and have undertaken not to repeat the same in future. 6.

Respondent no. 2 states that she has entered into the settlement with the petitioners out of her own free will, volition and without any undue force, pressure or coercion. She further states that the petitioners have not repeated the same incident and that she has no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

8.

The parties shall remain bound by their statements made in Court today.

9.

In view of the settlement arrived at between the parties voluntarily, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed.

10.

With the above directions, the petition is disposed of. 11.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J JANUARY 15, 2020/p'ma