Harshvardhan & ANR v. State & ANR

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1018/2020 HARSHVARDHAN & ANR ..... Petitioners Through:

Mr. Vinod Kumar Sharma, Advocate with petitioners in person.

versus STATE & ANR ..... Respondents Through:

Mr. Mukesh Kumar, APP for State with SI Yogendra, P.S. Burari.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 24.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 208/2018 under Sections 354/354D/341/34 IPC registered at Burari on the ground of settlement having been arrived at between the petitioners and respondent no. 2.

2.

As per the case of the prosecution, the present FIR has been filed on the complaint of respondent No.2 wherein it has been alleged that the petitioners had been stalking her for some time and they used to misbehave with her and pass sexually coloured remarks.

3.

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

4.

Learned counsel for the petitioners submits that the petitioners and respondent no.2 have settled their disputes amicably out of Court and now respondent no.2 is left with no claim whatsoever against the petitioners. 5.

The petitioners and respondent no.2 are present in person and have

been identified by the Investigating Officer. The petitioners have shown remorse for their conduct and have undertaken not to repeat the same in future.

6.

Respondent no. 2 states that she has settled the disputes with the petitioners out of her own free will, volition and without any undue force, pressure or coercion. She further states that the petitioners have not repeated the same incident and that 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, 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 costs of Rs.10,000/- to be paid by the each of the petitioners to the complainant/respondent no.2 through a demand draft within one week. The payment of costs shall be made to the respondent no.2 through 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 24, 2020 ga