Rajendar Kumar & ANR v. State & ANR

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1701/2019 RAJENDAR KUMAR & ANR ..... Petitioners Through: Mr. Sanjeev Sharma, Advocate alongwith petitioners in person.

Versus

STATE & ANR ..... Respondents Through: Mr. Mukesh Kumar, APP for State with SI Chandan Mr. Vishal Kumar, Advocate with respondent No 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 17.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 65/2019 under Sections 380/457/448/34 IPC registered at Police Station K.N. Katju Marg, New 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 filed by respondent no. 2 against the present petitioners who trespassed into her property and illegally took away goods.

3.

Learned APP for the State, on instructions, submits that the charge sheet has not been filed in the present case. 4.

Learned counsel for the petitioners submits that the parties have entered into a settlement vide Deed of Settlement on 17.03.2019. A copy of CRL.M.C. 1701/2019

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 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 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, in my view, 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 costs of Rs.25,000/- to be deposited with the Delhi High Court Legal Services Committee within four weeks. 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 FEBRUARY 17, 2020/p'ma CRL.M.C. 1701/2019