Ashu Chauhan Alias Abhishek Kumar Chauhan v. State Of Govt Of NCT Of Delhi & ANR. & ORS.
$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5224/2023 ASHU CHAUHAN ALIAS ABHISHEK KUMAR CHAUHAN ..... Petitioner Through: Ms.Nishtha Mittal, Advocate with petitioner in person versus STATE OF GOVT OF NCT OF DELHI & ANR. & ORS.
..... Respondent Through: Mr. Ashneet Singh, APP for State with SI Vineet Kumar Mr.Krishna Kumar Sharma, Advocate for respondent No.2 with respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 28.03.2024 1.
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.238/2018 registered under Sections 323/354/354A/354B/354D/506/509/342 IPC at P.S. Neb Sarai, Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR, the petitioner intimidated, misbehaved and gave beatings to respondent No.2. 3.
Learned APP for the State submits that in the present case the petitioner is the only accused and respondent Nos. 2 is the only complainant/victim.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Learned counsels for the parties submit that the parties have entered into a settlement vide Settlement Agreement dated 01.12.2018 before Samadhan, Delhi High Court Mediation and Conciliation Centre and 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 the Court, have been identified by their respective counsels as well as by the Investigating Officer.
6.
The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No.2 states that she has entered into the aforesaid Settlement Agreement out of her own free will, volition and without any 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 the statements made in Court today.
9.
In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cost of Rs.20,000/- by the petitioner to be paid to respondent No.2 by way of a Demand Draft through Investigating Officer.
10.
Proof evidencing receipt of payment shall be filed with the Investigating Officer as well as in Court.
11.
With the above directions, the petition is disposed of. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
12.
The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioner is not filed within the stipulated time period.
MANOJ KUMAR OHRI, J MARCH 28, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.