Malkeet Singh v. State & ANR.

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 305/2020 & CRL.M.A. 1327/2020 MALKEET SINGH ..... Petitioner Through:

Mr. Sanjay Kumar, Adv.

versus STATE & ANR.

..... Respondents Through:

Ms. Meenakshi Dahiya, APP for State with SI Jagdish, PS Bindapur Mr. Vinod Kumar, Adv. for R-2 with R-2.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% CRL.M.A. 1327/2020 (Exemption) Exemption allowed, subject to just exceptions. Vide the present petition, the petitioner seeks quashing of the FIR No.716/2014, PS Bindapur registered under Sections 354D/506/509/384 of the Indian Penal Code, 1860 submitting to the effect that a settlement has been arrived at between the parties and no useful purpose would be served by the continuation of the proceedings in relation to the FIR in question. The Investigating Officer of the case has identified the petitioner present today in Court as being the accused arrayed in the FIR in question and has also identified respondent no.2 present in Court today as being the complainant of the said FIR.

The respondent no.2 has produced her original Aadhar Card, copy of

which is on the record Ex.CW2/A. The respondent no.2 in her examination on oath by the Court has affirmed having signed her affidavit annexed to the petition Ex.CW2/B and a compromise deed / understanding dated 23.10.2019 arrived at between her and the petitioner Ex.CW2/C voluntarily of her own accord without any duress, coercion or pressure from any quarter.

She has further stated that in view of the settlement between her and the petitioner after the registration of the FIR in question, the petitioner has not harassed her any further and she has also since been married to Mr. Sumit Khatri whereafter the petitioner has not been creating any problem and that the petitioner has now apologized to her during the course of the present proceedings, which is also so stated by the petitioner today during the course of his examination as CW3. She has further stated that she has done Masters in Computer Science and has made her statement after understanding its implications. In view thereof, she has no opposition to the prayer made by the petitioner seeking quashing of the FIR No.716/2014, PS Bindapur registered under Sections 354D/506/509/384 of the Indian Penal Code, 1860 nor does she want the petitioner to be punished in relation thereto.

On behalf of the State, there is no opposition to the prayer made by the petitioner seeking the quashing of the FIR in question in view of the settlement arrived at between the parties and the deposition of the respondent no.2.

In the circumstances, for maintenance of peace and harmony between the petitioner and the respondent no.2 and as there appears no reason to disbelieve the statement of the respondent no.2 that she has arrived at a

settlement with the petitioner voluntarily, it is considered appropriate to put a quietus to the litigation and disputes between the parties for maintenance of peace and harmony between them qua the FIR No.716/2014, PS Bindapur registered under Sections 354D/506/509/384 of the Indian Penal Code, 1860 against the petitioner, which is thus quashed. The petition is disposed of.

JANUARY 22, 2020 vm

IN THE HIGH COURT OF DELHI: NEW DELHI

MALKEET SINGH Vs. STATE & ANR CW-1 SI Jagdish, PS Bindapur.

ON S.A.

I identify the petitioner Mr. Malkeet Singh as being the only accused arrayed in the FIR No.716/2014, PS Bindapur registered under Sections 354D/506/509/384 of the Indian Penal Code, 1860. I identify the respondent no.2 Mrs. Monika Solanki as being the complainant of the said FIR. RO & AC

IN THE HIGH COURT OF DELHI: NEW DELHI

MALKEET SINGH Vs. STATE & ANR CW-2 Mrs. Monika Solanki, d/o Mr. Rambir Solanki, w/o Mr. Sumit Khatri, aged 29 years, r/o H.No.158, Matiyala Village, Uttam Nagar, Delhi.

I have brought my original Aadhar Card, copy of which is on the record Ex.CW2/A. My affidavit in response to the petition bears my signatures thereon at points A & B thereon on Ex.CW2/B. A compromise deed/ understanding dated 23.10.2019 has been arrived at between me and the petitioner with my signatures thereon on at point A on Ex.CW2/C. I have signed all these documents voluntarily of my own accord without any duress, coercion or pressure from any quarter. In view of the settlement between me and the petitioner, I have no opposition to the prayer made by the petitioner seeking quashing of the FIR No.716/2014, PS Bindapur registered under Sections 354D/506/509/384 of the Indian Penal Code, 1860 nor do I want the petitioner to be punished in relation thereto in as much as after the registration of the FIR in question, the petitioner has not harassed me any further and I have also since been married to Mr. Sumit Khatri and the petitioner has not been creating any problem.

The petitioner has now apologized to me during the course of the present proceedings.

I have done Masters in Computer Science.

I have made my statement after understanding its implications

voluntarily of my own accord without any duress, coercion or pressure from any quarter.

RO & AC

IN THE HIGH COURT OF DELHI: NEW DELHI

MALKEET SINGH Vs. STATE & ANR CW-3 Mr. Malkeet Singh, s/o Mr. Yash Pal Singh, aged 30 years, r/o, B38, Vidya Vihar, Hasthsal Road, Uttam Nagar, Delhi. On S.A.

I have since apologized to the respondent no.2 in relation to the FIR No.716/2014, PS Bindapur registered under Sections 354D/506/509/384 of the Indian Penal Code, 1860. I undertake that such incidents shall not occur in future.

I have made my statement after understanding its implications voluntarily of my own accord without any duress, coercion or pressure from any quarter.

RO & AC