Naresh @ Naresh Kumr Mehta v. The State NCT Of Delhi And ANR

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8583/2024 NARESH @ NARESH KUMR MEHTA .....Petitioner Through:

Mr.Tarun Kumar Arora, Adv. with petitioner in person.

versus THE STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Ms.Kiran Bairwa, APP for the State SI Pushpender, PS Begumpur Complainant in person.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 18.11.2024 CRL.M.A. 32786/2024 (exemption) Exemption is allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 8583/2024 1.

Present petition has been filed for quashing of case FIR no.664 dated 28.06.2015 registered under Section 354/323/342/506 at PS Begum Pur and all the other proceedings emanating therefrom. 2.

The FIR was lodged based on the complaint of Respondent no.2, who alleging persistent harassment by the petitioner. It has been alleged that the petitioner followed her, made unwanted advances and threatened her reputation and safety. The petitioner allegedly was stalking her, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

calling her repeatedly, and forcing interactions despite her refusals. 3.

Learned Counsel for the petitioner submits that the FIR was registered on account of some misunderstanding between the parties and during the pendency of the proceedings the matter has been amicably settled vide settlement deed dated 24.10.2024 on the following terms and conditions:

AND WHEREAS, First Party undertakes not to proceeds any further against the Second Party who is an accused in the aforesaid FIR and thus no dispute remains pending between the parties. The First Party also undertakes to appear in the court as an when required or called for.

And whereas both parties have understood the terms and conditions of the settlement in vernacular.

4.

The complainant/respondent no.2 is present in court and has duly been identified by the IO. She states that she has settled the matter voluntarily with her own free will without any fear, force or coercion and has no objection if FIR no.664 dated 28.06.2015 registered under Section 354/323/342/506 at PS Begum Pur and all the other proceedings emanating therefrom are quashed.

5.

In view of the above, it appears that the complainant is not going to support the case of the prosecution and the possibility of conviction is remote and bleak. It is a settle proposition of law that the High Court may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

despite full and complete settlement and compromise with the victim. Reliance can be placed upon Madhavrao Jiwajirao Scindia v.Sambhajirao Chandrojiroo Angre, (1988) 1 SCC 692. 6.

Accordingly, FIR no.664 dated 28.06.2015 registered under Section 354/323/342/506 at PS Begum Pur and all the other proceedings emanating therefrom are quashed subject to the cost of Rs.15,000/- to be deposited within four weeks with the Delhi High Court Employees Fund by the petitioner.

7.

The present petition along with pending applications stands disposed of.

DINESH KUMAR SHARMA, J NOVEMBER 18, 2024 Rb/smg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.