Gaurav v. State & ANR.

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + GAURAV ..... Petitioner Through: Mr. A.S. Juneja, Advocate alongwith petitioner in person.

Versus

STATE & ANR.

..... Respondents Through: Dr. M.P. Singh, APP for State with SI Chanchal & ASI Raj Kumar Mr. Mahendra Singh, Advocate alongwith respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 05.02.2020 CRL.M.A. 2581/2020 (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. 94/2016, registered under Sections 354/354(D)/323/341/509 IPC at Police Station Mayur Vihar, 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 has been filed by respondent No. 2 against the present petitioner who is known to her and from past three months from the date of the incident had been sexually harassing her.

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 23.09.2019. A copy of the same is annexed with the petition as Annexure-C. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioner. 5.

The petitioner and respondent No. 2 who are present in person, are identified by their respective Counsels and 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 paid by the petitioner to respondent No. 2 by way of demand draft through Investigating Officer within one week. 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 05, 2020/p'ma