Anand Sharma & ORS v. The State (NCT Of Delhi) & ANR
$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANAND SHARMA & ORS ..... Petitioners Through: Mr. M. Shamikh, Advocate alongwith petitioners in person.
Versus
THE STATE (NCT OF DELHI) & ANR ..... Respondents Through: Dr. M.P. Singh, APP for State with SI Madan Mohan & W/ASI Veena, P.S. Ranhola Respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 06.03.2020 CRL.M.A. 5013/2020 (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. 859/2017 under Sections 354/354(A)/506/509/342/34 IPC and Section 8 of POCSO Act registered at P.S. Ranhola, Delhi on the ground of settlement having been arrived at between the parties.
2.
As per the case of the prosecution, the present FIR was registered at the instance of respondent No. 2. She alleged that subsequent to a dispute between the parties, petitioner No. 1 took her to a room where all the petitioners threatened her.
3.
Learned APP for the State, submits that the charge sheet in the present case has been filed against the present petitioners and respondent no.2 is the only complainant/victim.
4.
Learned counsel for the petitioners submits that the parties have entered into a settlement on 03.02.2020. A copy of the same is annexed with the petition. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners.
5.
The Petitioners who are present in person, are identified by their counsel and the Investigating Officer. Respondent No.2 who is present in person, is identified by the Investigating Officer. The petitioners have shown remorse for their conduct and have undertaken not to repeat the same in future.
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 the petitioners have 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 besides the present FIR there is another connected FIR No.
860/2017 under Sections 354/354A/451/506/509 IPC registered at P.S. Ranhola, Delhi, and quashing of the same is sought in CRL.M.C. 1324/2020.
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, subject to costs of Rs.10,000/- to be deposited with 'Delhi High Court Legal Services Committee' by the petitioners within a period of two 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 06, 2020/p'ma