Harpreet Singh v. State Govt. Of NCT Of Delhi And ANR.

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8339/2024 HARPREET SINGH .....Petitioner Through:

Mr. Rohan Akarnia, Mr. Amit Atal, Mr. Anushka Gupta, Mr. Dinesh Rohilla, Advs.

versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondent Through:

Mr.Pradeep Gahalot, APP for the State with IO/SI Sanjay and SI Shweta, PS Tilak Nagar.

Ms.

Jasleen Kaur, Adv.

for complainant

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 22.10.2024 CRL.M.A. 31817/2024 (exemption) Exemption is allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.A. 31818/2024 (delay) Present application has been filed for condonation of delay of 60 days in re-filing the petition.

For the reasons mentioned in the application, delay of 60 days in reThe authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

filing the petition is condoned.

The application stands disposed of.

CRL.M.C. 8339/2024 1.

Present petition has been filed for quashing of case FIR no.0243 dated 14.05.2019 registered under Section 354(D)/506/509 at PS Tilak Nagar and all the other proceedings emanating therefrom on the ground of settlement.

2.

Issue notice. Learned APP has accepted the notice. 3.

Briefly stated facts of the case are that FIR no. 243/2019 was registered under Section 354(D)/506/509 at PS Tilak Nagar against the petitioner on the complaint of respondent no. 2 wherein she alleged that on the night in question, around 3:15 AM, petitioner herein persistently rang her doorbell, used offensive language, and, upon her mentioning the police, he threatened to harm her physically, expose her photographs, and continue to harass her daily. She further stated that he warned her that her actions would result in dire consequences for her and her brother.

4.

Learned counsel submits that during the pendency of the matter, parties have arrived at an amicable settlement and a compromise deed dated 24th July, 2024 attested on 17.09.2024 was entered into by the parties on the following terms and conditions:

1. That in the case case/FIR No. 243/2019, dt 14/05/2019 U/S 354(D)/506/509 OF IPC, registered at P.S: TILAK NAGAR WEST DISTRICT, both the parties amicably settled the above noted FIR without any compensation.

2. That, the first party is an accused in the aforesaid FIR of and second party is a complainant. The matter is settled without any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

compensation as such the second party does not want to proceed with the criminal proceedings case FIR No. 243/2019 under section 354(D)/506/509 of IPC

3. That both the party shall move a petition before the Delhi High Court for the quashing of FIR No. 243/2019 and the second party shall co-operate to the first party for compounding/quashing of the above said case against the first Party before the competent court of Delhi as and when required.

4. That second party will file the affidavit, compromise deed and give statement as and when required before the Competent Court of Delhi or before Hon'ble high court of Delhi for compounding and quashing the above noted FIR No FIR No. 243/2019 under section 354(D)/506/509 OF IPC or any other section if added during the investigation which is non-compoundable in nature.

5. That this compromise has been arrived and signed by the parties out of their own free will, consent without any pressure or coercion from any quarter.

6. That both the parties shall remain bound by the terms of this agreement.

5.

Both the parties are present in court and have been identified by the IO. Respondent No. 2 submits that she has entered into the settlement with her own free will without any fear, force or coercion. 6.

Since the dispute is predominantly private in nature and the parties have settled all the disputes amicably, in the interest of justice it would be better to put a quietus to the dispute. The chances of conviction would also be bleak and remote, given that the parties do not wish to pursue the present complaint on account of the settlement. I do not see any reason to reject the settlement.

7.

Taking into account the totality of facts and circumstances, case FIR no.0243 dated 14.05.2019 registered under Section 354(D)/506/509 at PS Tilak Nagar and all proceedings emanating therefrom are quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

The present petition stands disposed of.

DINESH KUMAR SHARMA, J OCTOBER 22, 2024/rb/sm.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.