Ranjeet v. The State NCT Of Delhi And ANR

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RANJEET .....Petitioner Through:

Mr. Shivendu Singh, Mr. Nagendra Pratap Singh, Advocates with Petitioner-in-person versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Ms. Priyanka Dalal, APP for the State SI Anil Kumar, PS Vijay Vihar Mr. Saddam Hussain, Advocate for R-2 with Complainant-in-person

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 08.07.2024 CRL.M.A. 19624/2024 (Exemption) Allowed, subject to all just exceptions.

1.

The instant petition under Section 482 Cr.P.C has been filed for quashing FIR No.366/2013 dated 03.08.2013 registered at Police Station Vijay Vihar for offences under Sections 354A, 323, 509 IPC on the ground that the parties have entered into an amicable settlement. 2.

It is stated that the Petitioner herein is the neighbour of the Complainant. It has been alleged in the FIR that the Petitioner with an The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

intention to insult the Complainant, pulled her hair and beat her. On the said complaint of Respondent No.2/Complainant, the instant FIR was registered. 3.

It is stated that the parties have settled all their disputes amicably by a settlement deed dated 24.05.2024. A copy of Settlement Deed dated 24.05.2024 has been annexed with the instant petition as Annexure-C. As per the settlement, the parties have decided to live peacefully in society and have agreed to settle all their disputes amicably. It is stated that Respondent No.2/Complainant does not have any objection to quashing of the FIR and all proceedings emanating therefrom in terms of the aforesaid settlement. 4.

Today, the Petitioner and the Complainant are present in Court. The parties have been identified by their respective Counsels and the Investigating Officer. The Complainant states that she has settled all her disputes with the Petitioner out of her own free will, without pressure, coercion or undue influence, and she does not want to pursue the present case any further. She requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the terms of the settlement arrived at between them and the proceedings recorded before this Court.

5.

In view of the fact that the instant case is squarely covered by the law laid down by the Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303 and in view of the settlement arrived at between the parties, this Court is of the opinion that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.366/2013 dated 03.08.2013 registered at Police Station Vijay Vihar for offences under Sections 354A, 323, 509 IPC and the proceedings emanating therefrom, are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

hereby quashed. The parties shall remain bound by the terms of the settlement and the undertaking given to the Court. 6.

A reading of the FIR shows that the Petitioner had harassed and assaulted the Complainant. The FIR was registered in 2013 and this Court cannot ignore the fact that the Complainant/victim would be finding it difficult to continue with the proceedings in Court. The Petitioner cannot be let off only because the Respondent No.2/ Complainant, for whatever reasons, has decided to enter into a compromise with the Petitioner. The Petitioner has to be made to atone for his sin of harassing and assaulting a lady. The Petitioner must realize that he cannot take the Court for granted and that the offence committed by him for outraging the modesty of a women can be compromised and the Petitioner will be let off. This Court is, therefore, inclined to impose costs of Rs.

25,000/- on the Petitioner so that the Petitioner does not repeat such kind of offences in future. Accordingly, the Petitioner is directed to deposit a sum of Rs.25,000/- with the Armed Forces Battle Casualties Welfare Fund within four weeks from today. A copy of the receipt be given to the Investigating Officer and also filed with the Registry to show compliance of the order within four weeks thereafter. 7.

This Court also feels that the Petitioner must also do some community service. Accordingly, the Petitioner is directed to do community service at Dr. Ram Manohar Lohia Hospital, New Delhi for a period of one month i.e. from 01.08.2024 to 31.08.2024. The Petitioner shall report to the Medical Superintendent, Dr. Ram Manohar Lohia Hospital, New Delhi on 01.08.2024. The Petitioner shall report to the duty assigned to him by Medical Superintendent, Dr. Ram Manohar Lohia Hospital, New Delhi at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10:00 AM everyday for a period of one month. After completion of one month community service, a certificate from the Medical Superintendent, Dr. Ram Manohar Lohia Hospital, New Delhi, be also filed to show compliance of the order of this Court. In case of any absenteeism/default or any misbehaviour on the part of the Petitioner, the same shall be conveyed immediately by the Medical Superintendent, Dr. Ram Manohar Lohia Hospital, New Delhi, to the concerned SHO/IO, who shall in turn inform the learned APP for the State, for bringing the same to the notice of the Court and for seeking recall of the orders passed today. 8.

With the above directions, the petition is disposed of along with all the pending application(s), if any.

9.

A copy of this order be transmitted to Medical Superintendent, Dr. Ram Manohar Lohia Hospital, New Delhi.

SUBRAMONIUM PRASAD, J JULY 8, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.