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High Court of DelhiCRL.M.C./1170/2020

Pramod Kumar @ Rinku & ORS. v. State & ANR.

2020-03-02Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PRAMOD KUMAR @ RINKU & ORS.

..... Petitioners Through: Mr. Prabhakar Pandey, Advocate alongwith petitioner Nos. 1, 2 & 4 in person

Versus

STATE & ANR.

..... Respondents Through: Ms. Manjeet Arya, APP for State with SI Jasmer Singh, P.S. Jahangir Puri Mr. Amrish Kumar, Advocate alongwith respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 02.03.2020 CRL.M.A. 4562/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

1.

The present proceedings are instituted seeking quashing of FIR No. 225/2017 under Sections 498A/406/34 IPC registered at Police Station Jahangir Puri, Delhi on the ground of settlement having been arrived at between the parties.

2.

Ms. Manjeet Arya, learned APP for the State, submits that the charge sheet in the present case has been filed under the aforesaid sections against the petitioners and respondent no.2 is the only complainant/victim.

3.

Learned counsel for the petitioners submits that all the petitioners are present except petitioner No. 3, namely Pushpa Devi, who could not come on account of her illness.

4.

Learned counsel for the petitioners submits that the petitioners and respondent no.2 have entered into a settlement on 14.08.2019 before Mediation Cell, Rohini Courts, Delhi. A copy of the same is annexed with the petition as Annexure P-2. Learned counsel for respondent No. 2 submits that respondent No. 2 has already received the amount of Rs.2,25,000/- towards the full and final settlement. 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 besides the present FIR there is connected FIR No. 57/2017, under Sections 328/342/354(C)/34 IPC registered at Police Station North Rohini, Delhi and quashing of the same is sought in CRL.M.C. 1162/2020.

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 MARCH 02, 2020/p'ma