Mohd. Saiful v. State & ANR.

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHD. SAIFUL ..... Petitioner Through: Dr. Ram Avtar Sharma, Advocate with Ms. G. Rengnayagi, Advocate alongwith petitioner in person.

Versus

STATE & ANR.

..... Respondents Through: Ms. Manjeet Arya, APP for State with SI Devender & ASI Chaman Lal Respondent No. 2 in person alongwith her grandmother.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 19.02.2020 CRL.M.A. 3776/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 925/2020 & CRL.M.A. 3775/2020 (Stay) 1.

The present proceedings are instituted seeking quashing of FIR No. 161/2018 under Sections 323/354/452 IPC registered at Police Station New Friends Colony, Delhi on the ground of settlement having been arrived at between the parties.

2.

It has been alleged that on 02.07.2018, the petitioner entered into the room of respondent No. 2 at night, pushed her and entered into a scuffle with her.

3.

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

4.

Learned counsel for the petitioners submits that the parties have entered into a settlement before Mediation Centre, Saket Courts on 08.08.2019. 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 and the Investigating Officer. Respondent no.2 who is present in person is 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 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 she has no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsels for the parties submit 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, 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 costs of Rs.10,000/- out of which Rs.5,000/- shall be paid to respondent No. 2 by way of a demand draft through Investigating Officer and Rs.5,000/- shall be deposited with the Delhi High Court Legal Services Committee within four

weeks. Receipt evidencing deposit of costs be filed in the Registry as well as with the Investigating Officer.

10.

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

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J FEBRUARY 19, 2020/p'ma