Vikrant v. State (Gnct Of Delhi) & ANR

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1325/2018 & CRL.M.A. 687/2020 VIKRANT ..... Petitioner Through: Mr. Sunny Srivastava, Advocate alongwith petitioner in person.

Versus

STATE (GNCT OF DELHI) & ANR ..... Respondents Through: Mr. Mukesh Kumar, APP for State Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 04.03.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 892/2015 under Sections 452/323/341/34 IPC registered at P.S. Kotla Mubarakpur, Delhi on the ground of settlement having been arrived at between the parties.

2.

As per the case of the prosecution, the petitioner entered into an altercation with complainant/respondent No. 2 and physically assaulted him due to which he sustained injuries.

3.

Learned APP for the State, submits that the charge sheet in the present case has been filed against the present petitioner and respondent no.2 is the only complainant/victim.

4.

Learned counsel for the petitioners submits that the parties have entered into a settlement on 24.02.2018. A copy of the same is annexed with the petition as Annexure P-3. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioner.

5.

The Petitioner who is present in person, is identified by his counsel and the Investigating Officer. Respondent No. 2 who is present in person, is also identified by the Investigating Officer. The petitioner has shown remorse for his conduct and has undertaken not to repeat the same in future. 6.

Respondent no. 2 states that he has entered into the settlement with the petitioner out of his own free will, volition and without any undue force, pressure or coercion. He further states that the petitioner has not repeated the same incident and that he 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 their statements made in Court today.

9.

In view of the settlement arrived at between the parties voluntarily, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed, subject to costs of Rs.5,000/- to be deposited with 'Delhi High Court Legal Services Committee' by the petitioners within a period of two weeks from today. Receipt evidencing deposit of costs be filed in the Registry as well as with the Investigating Officer.

10.

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

11.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J MARCH 04, 2020/p'ma