Manish Kumar v. State & ANR.

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MANISH KUMAR ..... Petitioner Through: Mr. Sanjeev Sharma, Advocate with petitioner in person.

Versus

STATE & ANR.

..... Respondents Through: Dr. M.P. Singh, APP for State, with SI Sunil Kumar, P.S. IGI Airport Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 02.03.2020 CRL.M.A. 4563/2020 (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. 20/2015 under Sections 323/341/354 IPC registered at Police Station I.G.I. Airport, Delhi on the ground of settlement having been arrived at between the parties.

2.

The present FIR was registered at the instance of respondent No.2 as she alleged that the petitioner threatened and sexually assaulted her. The petitioner was already known to respondent No. 2

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 petitioner submits that the parties have entered into a settlement vide compromise deed on 23.01.2020. A copy of the same is annexed with the petition as Annexure P-2. 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 payment of

cost of Rs.20,000/-. Out of which, Rs.10,000/- shall be paid by the petitioner to respondent No.2 by way of a Demand Draft through I.O. and Rs.10,000/- shall be deposited with the Delhi High Court Legal Services Committee within four weeks from today. 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 MARCH 02, 2020/p'ma