Arun Kapoor v. State & ANR

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + ARUN KAPOOR ..... Petitioner Through: Mr. S.K. Bhalla, Advocate with petitioner in person versus STATE & ANR ..... Respondents Through: Mr. Mukesh Kumar, APP for State with SI Sanjeev Kumar and S.I. Khajan Singh, HC Nihal Singh Mr. Vaibhav Sinha, Advocate for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 19.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No.294/2014 under Section 324 IPC, registered at Police Station Pahar Ganj, Delhi on the ground of settlement having been arrived at between the parties.

2.

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

3.

Mr. Mukesh Kumar, 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.

4.

Learned counsels for the parities submit that the parities have entered into a settlement before Delhi Mediation Centre, Tis Hazari Courts, Delhi on 16.01.2020. A copy of the same is annexed from page Nos.24 to 27 with the petition. 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 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.

7.

Learned counsels for the parties submit that besides the present FIR there is another connected FIR, FIR No.293/2014, registered under Sections 325/506/34 IPC at P.S. Pahar Ganj, Delhi which has also been settled before Delhi Mediation Centre, Tis Hazari Courts, Delhi on 16.01.2020 and quashed.

8.

The parties are bound by the statements made in Court today. 9.

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.25,000/- by the petitioner

to be deposited with the AASRA Fund maintained by the Registrar General of this Court within a period of two weeks. Proof of deposit be filed in Court as well as with the I.O.

10.

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

Order dasti to the learned counsels for the parties. MANOJ KUMAR OHRI, J FEBRUARY 19, 2020 na