Asim Gupta & ORS. v. The State Govt. Of NCT Of Delhi And ANR.

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9131/2023 & CRL.M.A. 34112/2023 ASIM GUPTA & ORS ..... Petitioners Through:

Mr. Nikhil Rastogi, Mr. Vinod Kumar Mangal, Mr. Lalit and Mr. Parvinder Singh, Advocates.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Laksh Khanna, APP for State with ASI Anil Kumar and SI Kishan Chand PS Bindapur, Delhi.

Mr. Ashok Kumar, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 16.01.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 459/2018 registered under Sections 354/323/506/509/34 IPC at Police Station Bindapur, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the complainant has alleged that her brother in law i.e. (petitioner No.2) used to sexually harass her for the past four years. She also alleged that her in-laws used to demand dowry from her and also gave her beatings due to which she sustained injuries. 3.

Mr. Laksh Khanna, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the only complainant/victim in the present case. He further states that the fourth The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

accused namely Anil Kumar Gupta (father-in-law) has since expired. He further states that the parties are now living together. 4.

Respondent No.2 is present in person and states that she has joined the company of her husband and has no objection in quashing the aforesaid FIR.

5.

Learned counsel for the petitioners submits that the petitioners and respondent No. 2 are known to each other and present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Settlement Agreement dated 24.09.2023, a copy of which has been placed on record as Annexure-5. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioners.

6.

The petitioners and respondent No.2 who are present in Court, have been identified by their counsel as well as the I.O./ ASI Anil Kumar PS Bindapur, Delhi.

7.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 also states that she has entered into the aforementioned MOU 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. Affidavit of Respondent No.2 has been placed on record.

8.

The parties shall remain bound by the statements made in Court today.

9.

In view of the above facts and considering that no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

With the above directions, the petition is disposed of alongwith miscellaneous application.

MANOJ KUMAR OHRI, J JANUARY 16, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.