Tafsir Ali @ Sannowar & ANR v. The State Of N.C.T Of Delhi & ANR

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TAFSIR ALI @ SANNOWAR & ANR ..... Petitioners Through: Mr. Kamal Pundir, Advocate alongwith petitioners in person.

Versus

THE STATE OF N.C.T OF DELHI & ANR ..... Respondents Through: Mr. Mukesh Kumar, APP for State with SI Sandeep Kumar Respondent No. 2 in person alongwith her husband.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 27.01.2020 CRL.M.A. 1786/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

1.

The present proceedings are instituted seeking quashing of FIR No. 132/2013 under Sections 323/354/506/34 IPC registered at Police Station Jagat Puri, Delhi on the ground of settlement having been arrived at between the petitioners and respondent no. 2.

2.

Mr. Mukesh Kumar, 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.

Learned counsel for the petitioners submits that the petitioners and respondent no.2 have entered into a settlement before Delhi Mediation Centre, Karkardooma Courts on 02.07.2019. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners.

4.

Petitioners who are present in person, are identified by their counsel and the Investigating Officer. Respondent No. 2 who is present in person is identified by the Investigating Officer. The petitioners have shown remorse for their conduct and have undertaken not to repeat the same in future. 5.

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 and states that the petitioners have not repeated the same incident. She further states that she has no objection if the present FIR and the consequent proceedings are quashed. 6.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

7.

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

8.

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, subject to costs of Rs.10,000/- to be paid by the petitioners to the complainant by way of a demand draft through Investigating officer within a period of two weeks.

Receipts evidencing deposit of costs be filed in the Registry as well as with the Investigating Officer.

9.

With the above directions, the petition is disposed of. 10.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J JANUARY 27, 2020/p'ma