Jhashank Harihar v. State & ANR.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + JHASHANK HARIHAR ..... Petitioner Through: Mr. Manoj Kr. Sharma, Advocate versus STATE & ANR.

..... Respondents Through: Ms. Neelam Sharma, APP for State with SI Dheer Singh, P.S. Farsh Bazar

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 04.03.2020 CRL.M.A. 4777/2020 (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.703/2014 under Sections 354/506/34 IPC registered at Police Station Farsh Bazar, 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, who alleged that the petitioner was known to her as he demanded a sum Rs.70,000/- from respondent No.2 on the pretext of getting her son employed. When respondent No.2 asked the petitioner to return the money, the petitioner alongwith the co-accused went to her house and sexually assaulted her and threatened her.

3.

Learned counsel for the petitioner submits that another co-accused Ghanshyam has expired and the same has been recorded in the settlement agreement.

4.

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.

5.

Learned counsel for the petitioners submits that the parties have entered into a settlement before Delhi Mediation Centre, Karkardooma Courts, Delhi on 22.04.2019. In terms of the settlement, respondent no.2 is now left with no claim whatsoever against the petitioner. 6.

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 also identified by the Investigating Officer. The petitioner has shown remorse for his conduct and has undertaken not to repeat the same in future. 7.

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.

8.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

9.

The parties shall remain bound by their statements made in Court today.

10.

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.10,000/- to be paid to respondent No.2 by way of a Demand Draft through I.O. within one week from today. Receipt evidencing deposit of cost be filed in the Registry as well as with the Investigating Officer. 11.

With the above directions, the petition is disposed of. 12.

Order dasti to the learned counsels for the parties. MANOJ KUMAR OHRI, J MARCH 04, 2020 na