Amar @ Ashok v. State & ANR.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AMAR @ ASHOK ..... Petitioner Through:

Mr. Anand Mishra, Advocate versus STATE & ANR ..... Respondent Through:

Dr. M.P. Singh, APP with SI Harbir Singh, P.S. Vasant Kunj (North).

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 14.02.2020 CRL.M.A. 3373/2020 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

1.

The present proceedings are instituted seeking quashing of FIR No.786/2014 under Sections 323/341/354/354D IPC registered at Police Station Vasant Kunj on the ground of settlement having been arrived at between the petitioner and respondent No. 2.

2.

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

3.

Learned counsels for the parties submit that parties have entered into a settlement out of Court. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioner. 4.

The petitioner, who is present in person, is identified by his counsel as well as by the Investigating Officer. Respondent No.2, who is also 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.

5.

Respondent No.2 states that she has entered into 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 consequent proceedings are quashed.

6.

Learned counsels for the parties submit 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 payment of costs of Rs.20,000/-, out of which Rs.10,000/- shall be paid to respondent No. 2 by way of demand draft through Investigating

Officer and Rs.10,000/- shall be deposited with Delhi High Court Legal Services Committee by the petitioner within a period of two weeks from today. 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 14, 2020 Aj