Shanu Kumar v. State Govt. Of NCT Of Delhi And ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 8017/2024 SHANU KUMAR .....Petitioner Through:
Mr. Aditya Kr. Choudhary, Mr.
Aditya Anand Singh, Mr. Sandeep Pandey, Advs. versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondent Through:
Mr. Nitish Ojha, Ms. Ishita Mishra, Advs.
Mr. Sanjeev Sabharwal, APP with Ms. Sanya Narula, Adv.
SI Yogesh, PS Vasant Kunj
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 21.11.2024 1.
This is a petition filed under Section 528 of BNSS, 2023 seeking quashing of the FIR No. 88/2021 dated 17.03.2021 registered at PS Vasant Kunj North under Sections 354/509 of IPC and order of cognizance dated 08.03.2022 in Crl. Case No. 10866/2021 passed by the learned MM, Mahila Court, Patiala House Court, New Delhi. Charge sheet dated 17.03.2021 has been filed under Section 354 and 509 of IPC.
2.
It is stated in the FIR that the petitioner outraged the modesty of the complainant.
3.
During the pendency of the proceedings, the parties have arrived at a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
settlement dated 13.11.2024, wherein the parties have settled their disputes and the complainant has undertaken to cooperate in quashing of the FIR.
4.
The petitioner is present in Court and has been identified by Mr. Aditya Kr. Choudhary, learned counsel.
5.
The complainant is also present in Court and has been identified by Mr. Nitish Ojha, learned counsel and SI Yogesh, PS Vasant Kunj. 6.
The parties state that they have arrived at a settlement and there is no dispute pending between them.
7.
It is a case of cross-FIR wherein the petitioners have also cooperated in quashing of the FIR registered against the husband of the complainant. 8.
Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. In this view of the matter, there is no reason to continue the proceedings.
9.
However, I am of the view that considerable time of the police and judicial time has been wasted. The police machinery has been put in motion on account of the acts of commission & omission on behalf of the parties and useful time of the police which could have been utilised for important matters has been misdirected towards this case. Hence, the petitioners must pay some costs.
10. Subject to payment of costs of Rs. 15,000/- to DHCLSC by the petitioner within 4 weeks from today, FIR No. 88/2021 dated 17.03.2021 registered at PS Vasant Kunj North under Sections 354/509 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
of IPC and order of cognizance dated 08.03.2022 in Crl. Case No. 10866/2021 passed by the learned MM, Mahila Court, Patiala House Court, New Delhi as well as all consequential proceedings emanating therefrom are hereby quashed.
11. The proof of payment be filed with the Registry within 4 weeks, failing which the file shall be put up before the Court.
12. The petition is disposed of in the aforesaid terms.
13. The settlement, handed over in Court today, is taken on record. JASMEET SINGH, J NOVEMBER 21, 2024 / (MS) 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.