Shri Harish Kapoor & ORS. v. State & ANR.

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHRI HARISH KAPOOR & ORS.

..... Petitioners Through: Mr. Tarun Kumar, Advocate with petitioners in person.

Versus

STATE & ANR.

..... Respondents Through: Ms. Manjeet Arya, APP for State with W/SI Asha, P.S. Kirti Nagar Mr. Aashneet Singh, Advocate with respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 28.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No.150/2017 under Sections 323/324/341/377/354(B)/506/511/34 IPC registered at Police Station Kirti Nagar, District West, Delhi, on the ground of settlement having been arrived at between the petitioners and respondent No.2.

2.

As per the prosecution case, the present FIR was registered at the instance of respondent No.2 as she alleged that on 18.05.2017, her husband (petitioner No.1) abused her, threatened her and committed assault upon her. Thereafter, her mother-in-law (petitioner No.3) and her brother-in-law (petitioner No.4) also committed assault upon her due to which she sustained severe injuries and all the petitioners outraged her modesty.

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 petitioners and respondent No. 2 is the only complainant/victim. 4.

Learned counsels for the parties submit that the petitioners and respondent no.2 have entered into a settlement on 19.09.2019 before Mediation Cell, Tis Hazari Courts, Delhi. A copy of the same is annexed with the petition as Annexure P2. In terms of the settlement, petitioners has handed over a demand draft of Rs.1,60,000/- bearing No. 131555 dated 24.01.2020 drawn on State Bank of India to respondent No. 2. In terms of the settlement respondent No.2 is now left with no claim whatsoever against the petitioners.

5.

The petitioners and respondent No. 2, who are present in person, are identified by their respective counsels as well as by the Investigating Officer.

6.

Respondent No.2 states that she has entered into the settlement with the petitioners out of her own free will, volition and without any undue force, pressure or coercion. She further states 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 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 28, 2020/p'ma