Ashok Maan v. State Of Delhi And ANR

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5087/2024 &CRL.M.A. 19454/2024.

ASHOK MAAN .....Petitioner Through:

Mr. Rahul Yadav, Advocate alongwith petitioner in person.

versus STATE OF DELHI AND ANR .....Respondent Through:

Mr. Hitesh Wali, APP for State with SI Preet: PS: Kanjhawala.

Ms. Minakshi Yadav, Advocate for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 08.07.2024 1.

This petition has been filed under Sections 354/509/506/341 IPC seeking quashing of the FIR 198/2020 registered at PS Kanjhawala on the ground of settlement between the parties which is dated 16th May, 2024, which is on record of this Court.

2.

Petitioner and respondent no. 2, are both present in Court and are duly identified by the counsel and the Investigating Officer. 3.

Respondent no. 2 states that she has no objection the quashing of the FIR since the petitioner has apologised and has undertaken not to indulge in any of such acts further.

4.

Petitioner is present in Court and confirms the same undertaking which is taken on record.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/07/2024 at 12:31:33

5.

Ld. APP for the State states that the charges have been framed, since the incident was of 2020.

6.

Considering that it has taken four years for the situation to arise that the respondent no.2 can agrees to quashing of the FIR, it is fit that the petitioner shall pay a cost of Rs. 25,000/- to the Delhi Police Welfare Fund within four weeks from today.

7.

Petitioner is, therefore, disposed of, subject to the above, a receipt of payment shall be filed through an affidavit by counsel for petitioner within two weeks thereafter.

8.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No. 198/2020under Sections 354/509/506/341registered at PS Kanjhawala and proceedings emanating therefrom are quashed.

9.

Parties shall abide by the terms of settlement. 10.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

11.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 8, 2024/RK Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/07/2024 at 12:31:33