Satish Tiwari v. State & ANR.

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 371/2020 SATISH TIWARI ..... Petitioner Through:

Mr. Akul Mehandru, Advocate with petitioner in person.

versus STATE & ANR.

..... Respondents Through:

Mr. Raghuvender Verma, APP for State with SI Hemant, P.S. Vasant Kunj (North).

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 24.01.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 220/2017 under Sections 324/323/34 IPC registered at P.S. Sarojini Nagar on the ground of settlement having been arrived at between the petitioner and respondent no. 2.

2.

The allegations in the present FIR relate to the incident where the petitioner (complainant) and respondent no.2 (accused) had an altercation with each other wherein respondent no.2 beat the petitioner thereby causing simple injuries to him.

3.

Learned APP for the State submits that in the present case chargesheet has been filed against respondent no.2 under the aforesaid provisions and the petitioner is the only complainant/victim. 4.

Learned counsel for the petitioner submits that the petitioner and respondent no.2 have settled their disputes out of Court pursuant thereto, the petitioner is now left with no claim whatsoever against respondent no.2.

5.

The petitioner and respondent no.2 are present in person and have been identified by the Investigating Officer. Respondent no.2 has shown remorse for his conduct and has undertaken not to repeat the same in future. 6.

The petitioner, who is present in person, states that he has entered into the settlement with respondent no.2 out of his own free will, volition and without any undue force, pressure or coercion. He further states that he has no objection if the present FIR is quashed.

7.

Learned counsel for the petitioner submits 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 quashed, subject to costs of Rs.5,000/- which shall be deposited by respondent no.2 with the Delhi High Court Legal Services Committee within two weeks from today. Receipt, evidencing deposit of costs, be filed in the Registry as well as handed over to the Investigating Officer.

10.

With the above directions, the petition is disposed of. Miscellaneous application is disposed of as infructuous.

11.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J JANUARY 24, 2020 ga