Amit Jain v. The State (Govt. Of N.C.T. Delhi) & ANR

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AMIT JAIN ..... Petitioner Through: Mr. Dalvinder Singh, Advocate alongwith petitioner in person.

versus THE STATE (GOVT. OF N.C.T. DELHI) & ANR ..... Respondents Through: Mr. Mukesh Kumar, APP for State with SI Anuj Kumar, P.S. Gandhi Nagar Mr. Rajat Vadhera, Advocate with respondent Nos. 2 & 3 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 11.03.2020 CRL.M.A. 5289/2020 1.

The present application has been filed by the petitioner for impleadment of respondent No. 3.

2.

The application is allowed and Dikshaa Gauba is impleaded as respondent No. 3 in the array of parties.

3.

The application stands disposed of.

1.

The present proceedings are instituted seeking quashing of FIR No. 18/2017 under Sections 341/354/354/354(A)/506/509 IPC registered at P.S. Gandhi Nagar, Delhi on the ground of settlement having been arrived at between the parties.

2.

As per the prosecution case, the present FIR has been registered by respondent Nos. 2 & 3 against the present petitioner at whose shop they had gone for some committee work and where he physically assaulted them, hurled abuses while also threatening them.

3.

Learned APP for the State, submits that the charge sheet in the present case has been filed against the present petitioner and respondent Nos. 2 & 3 are the complainants/victims.

4.

Learned counsel for the petitioner submits that the parties have entered into a settlement out of Court. In terms of the settlement, respondent Nos. 2 & 3 are now left with no claim whatsoever against the petitioner. 5.

The petitioner and respondent Nos. 2 & 3 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 Nos. 2 & 3 state that they have entered into the settlement with the petitioner out of their own free will, volition and without any undue force, pressure or coercion. They further state that the petitioner has not repeated the same incident and that they have 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 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 costs of Rs.40,000/-, out of which Rs.20,000/- be paid to respondent No. 2 and Rs.20,000/- be paid to respondent No. 3 by way of demand draft through Investigating Officer. Proof of deposit be filed in Court 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 MARCH 11, 2020 na