Sh. Vikram Singh v. State & ANR.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + SH. VIKRAM SINGH ..... Petitioner Through: Mr. Rachit Gupta, Advocate versus STATE & ANR.

..... Respondent Through: Ms. Neelam Sharma, APP for State with SI Ranjit, ASI Ved Pal, P.S. Kotla Mubarakpur

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 31.01.2020 CRL.M.A. 2220/2020 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

1.

At the outset, learned counsel for the petitioner submits that initially in the affidavit of respondent No.2 the FIR number has wrongly been mentioned as FIR No.181/2011 under Section 326/324/34 IPC. Subsequently, the affidavit of respondent No.2 mentioning the correct FIR No.221/2017 under Section 324 has been filed. 2.

The present proceedings are instituted seeking quashing of FIR No.221/2017, registered under Section 324 IPC at P.S. Kotla Mubarakpur, Delhi on the ground of settlement having been arrived at between the petitioner and respondents No. 2.

3.

As per the case of the prosecution, the present FIR has been filed against the present petitioner who physically assaulted respondent No. 2 thereby causing injuries which are opined to be simple in nature. 4.

Ms. Neelam Sharma, learned APP for the State submits that the charge-sheet in the present case has been filed under the aforesaid section against the petitioner and respondent No.2 is the only complainant/victim. 5.

Learned counsels for the parities submit that the parities have entered into a settlement vide Settlement Agreement dated 24.06.2019. A copy of the same is annexed as Annexure-P3 with the petition. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioner.

6.

The petitioner, who is present in person, is identified by his counsel and the Investigating Officer. Respondent No.2, who is present in person, is also identified by the Investigating Officer. The petitioner has shown remorse for his conduct and has undertaken not to repeat the same in future. 7.

Respondent No.2, who is present in Court, states that he has entered into the settlement with the petitioner out of his own free will, volition and without any coercion. He further states that the petitioner has not repeated the offence and that he has no objection if the present FIR and consequent proceedings are quashed.

8.

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

9.

The parties are bound by the statements made in Court today.

10.

In view of the above and the fact that the parties have amicably settled their disputes and since no useful purpose will be served in continuance of the criminal proceedings against the petitioners, it is accordingly directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of costs of Rs.10,000/- to be deposited by the petitioner in AASRA Fund, which is maintained by the Registrar General of this Court within a period of one week. Proof of deposit be filed in Court as well as with the I.O.

11.

With the above directions, the petition is disposed of. 12.

Order dasti to the learned counsels for the parties. MANOJ KUMAR OHRI, J JANUARY 31, 2020 na