Pravin Kumar v. State & ANR.

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 580/2020 PRAVIN KUMAR ..... Petitioner Through: Mr. Girish Kumar, Advocate alongwith petitioner in person.

Versus

STATE & ANR.

..... Respondents Through: Ms. Manjeet Arya, APP for State with W/ASI Neeraj Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 03.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 1084/2018, registered under Sections 354(A)/354(B)/451 IPC at Police Station Binda Pur, Delhi on the ground of settlement having been arrived at between the petitioner and respondent No. 2.

2.

As per the case of the prosecution, the present FIR was registered on complaint of respondent No. 2 wherein she alleged that the petitioner misbehaved with her and sexually assaulted her. The petitioner is the brother-in-law (jeth) of respondent No. 2.

3.

Learned APP for State, on instructions submits that the charge-sheet has been filed against the present petitioner and respondent No.2 is the only complainant/victim in this case.

4.

Learned counsel for the petitioner submits that the parties have entered into a settlement on 28.01.2020. A copy of the same is annexed with the petition as Annexure-D. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioner. CRL.M.C. 580/2020

5.

The petitioner who is present in person, is identified by his Counsel and the Investigating Officer. Respondent No. 2 who is present 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. 6.

Respondent No. 2, who is present in Court, states that she has entered into the settlement with the petitioner out of her own free will, volition and without any undue force, pressure or coercion. She further states that the petitioner has not repeated the same incident and that she has no objection if the present FIR and the consequent proceedings are quashed. 7.

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

8.

In view of the settlement arrived at between the parties, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, the aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed, subject to payment of costs of Rs.5,000/- to be deposited with Delhi High Court Legal Services Committee by the petitioner within one weeks. Proof of deposit be filed in Court as well as with the IO. 9.

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

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J FEBRUARY 03, 2020/p'ma CRL.M.C. 580/2020