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High Court of DelhiCRL.M.C./8170/2024

Gyanender Singh v. The State Govt NCT Of Delhii And ANR.

2024-10-18Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8170/2024 & CRL. MA 31269/2024 GYANENDER SINGH .....Petitioner Through:

Mr. Sujit Kumar, Advocate with petitioner in person.

versus THE STATE GOVT NCT OF DELHII AND ANR .....Respondents Through:

Mr. Shoaib Haider, APP for State with SI Teena PS Dabri, Delhi.

Mr. Rohit Singh and Mr. Deepak Kumar, Advocates for respondent no.2 with respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 18.10.2024 1.

The present proceedings are instituted on behalf of the petitioner seeking quashing of FIR No. 415/2011 registered under Sections 354/363/342/509/34 IPC at Police Station Dabri, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioner, in an inebriated condition, forced respondent No.2 to show him her house and used abusive language.

3.

Mr. Shoaib Haider, learned APP for the State, states that the chargesheet has been filed in the present case. He, on instructions, further submits that the petitioner is the only accused and respondent No. 2 is the complainant/victim in the present case. He also states that though the parties The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

have compromised, some costs may be imposed on the petitioner considering the serious nature of the averments/allegations and since the state machinery has already been put in motion. 4.

Learned counsel for the petitioner submits that the parties are neighbours and the present FIR was registered due to a misunderstanding. It is further submitted that with the intervention of the elders, close relatives and well-wishers, the parties have amicably settled their disputes vide Settlement Cum Compromise Deed dated 09.09.2024, a copy whereof has been placed on record. In terms of the said settlement, respondent No. 2/complainant is now left with no claims or grievances against the petitioner.

5.

The petitioner and respondent No. 2 are present in person and are identified by their respective counsels as well as by the Investigating Officer/ SI Teena PS Dabri, Delhi.

6.

The petitioner has shown remorse for his conduct and undertakes to not repeat the same in future. Respondent No. 2 also states that she has entered into the aforementioned settlement deed out of her own free will, volition and without any coercion. She further states that he has no objection if the present FIR and consequent proceedings are quashed. 7.

Learned counsel for the petitioner submits that no other proceedings are pending between the parties.

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

9.

In view of the above facts and since 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, subject to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the payment of cost of Rs.25,000/- to be paid by the petitioner to the respondent No.2/complainant by way of a demand draft through the concerned I.O. within a period of four weeks from today. 10.

Proof evidencing receipt of deposit shall be filed with the Investigating Officer.

11.

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

12.

In case proof of deposit of cost is not filed within four weeks, the I.O. shall be at liberty to move appropriate application in this regard. MANOJ KUMAR OHRI, J OCTOBER 18, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.