Faisal Khan v. The State & ANR

$~63.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 889/2020 FAISAL KHAN ..... Petitioner Through: Mr. M. Yusuf, Advocate with petitioner in person versus THE STATE & ANR ..... Respondents Through: Mr. Mukesh Kumar, APP for State I.O. appearance not given Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 18.02.2020 CRL.M.A. 3664/2020 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 889/2020 1.

The present proceedings are instituted seeking quashing of FIR No.110/2013 under Sections 186/353/506 IPC registered at Police Station Maurice Nagar, New 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 registered by respondent No.2 against the present petitioner who was his student and who physically assaulted him in college.

3.

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. CRL.M.C. 889/2020

4.

Learned counsels for the parties submit that parties have entered a settlement out of Court. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioner. 5.

The petitioner, who is present in person, is identified by his counsel as well as by the Investigating Officer. Respondents 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.

6.

Respondent No.2 states that he has entered into the settlement with the petitioner out of his own free will, volition and without any undue force, pressure or coercion. He further states that the petitioner has not repeated the same incident and that he has no objection if the present FIR and consequent proceedings are quashed.

7.

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

8.

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

9.

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. 10.

With the above directions, the petition is disposed of. 11.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J FEBRUARY 18, 2020 CRL.M.C. 889/2020