Rambabu v. State & ANR

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAMBABU ..... Petitioner Through: Mr. Anil Kumar, Advocate with petitioner in person.

Versus

STATE & ANR ..... Respondents Through: Ms. Manjeet Arya, APP for State with SI Anil Kumar Mr. Basant Kr. Gautam, Advocate with respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 17.03.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 307/2018 under Sections 354/509/506 IPC registered at Police Station Kanjhawala, Delhi on the ground of settlement having been arrived at between the parties.

2.

As per the case of the prosecution, the present FIR has been registered by respondent No. 2 against the present petitioner who sexually assaulted her and passed lewd remarks.

3.

Learned APP for the State, on instructions, submits that the charge sheet in the present case has been filed against the present petitioner and respondent No. 2 is only complainant/victim. She, on instructions, submits that there are no other involvements.

4.

Learned counsel for the petitioner submits that the parties have entered into a settlement out of Court. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioner. 5.

The petitioner and respondent No. 2 who are present in person, are identified by their respective counsels and 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 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, subject to costs of Rs.5,000/- to be paid to respondent No. 2 by way of demand draft through Investigating Officer within two weeks. Proof of deposit be filed in Court 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 17, 2020/p'ma