Shaminder Singh & ANR. v. State NCT Of Delhi & ANR.
$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9115/2024 & CRL. MAs 34953-54/2024 SHAMINDER SINGH & ANR .....Petitioners Through:
Mr. Anindya Malhotra and Mr. Kartik Wadhwa, Advocates with petitioners in person.
versus STATE NCT OF DELHI & ANR .....Respondents Through:
Mr. Shoaib Haider, APP for State with SI Sumit Kumar PS Rajouri Garden, New Delhi.
Mr. Prashant Ghai and Ms. Simantini Paul, Advocates for no.2 with respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 22.11.2024 1.
The present proceedings are instituted on behalf of the petitioners seeking quashing of FIR No. 1302/2015 registered under Sections 323/341/354/354B/506/34 IPC at Police Station Rajouri Garden, Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR, the petitioners gave beatings to respondent No.2 and tore her clothes, causing her mental and physical distress.
3.
Mr. Shoaib Haider, learned APP for the State submits that the chargesheet stands filed in the present case. He further submits, on instructions, that other than the petitioners, the chargesheet has also been filed against two other accused persons, however, the present petition has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
been preferred by only two of the accused persons. It is also submitted that respondent No. 2 is the complainant/victim in the present case. 4.
Learned counsel for the petitioners submits that the present FIR was registered due to a misunderstanding between the parties and with the intervention of the elders, close relatives and well-wishers, the parties have amicably settled their disputes vide Memorandum of Understanding dated 26.07.2021, a copy whereof has been placed on record. It is also submitted that out of the total settlement amount of Rs.2,50,00,000/- as full and final settlement, an amount of Rs.25,00,000/- is being paid today by the petitioners to the respondent No.2 by way of a demand draft bearing No.217754 dated 18.11.2024 drawn on Punjab National Bank. In terms of the said settlement, respondent No. 2/complainant is now left with no claim or grievance against the petitioners.
At this stage, learned counsel for the petitioners states that the other two accused persons were the security guards, who have neither appeared before the Trial Court nor are they traceable. It is also submitted that respondent No.2 has no objection for quashing of the FIR against all the accused persons.
5.
The petitioners and respondent No.2 are present in the Court and are identified by their respective counsels as well as by the Investigating Officer/ SI Sumit Kumar PS Rajouri Garden, New Delhi. 6.
The petitioners have shown remorse for their conduct and they undertake not to repeat the same in future. Respondent No. 2 also states that she has entered into the aforementioned settlement agreement out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed qua The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
all the accused persons.
7.
The parties shall remain bound by the statements made in Court today.
8.
In view of the above facts and since no useful purpose will be served in continuance of the proceedings, and considering that the present petition has been preferred by only two of the accused persons, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed qua the present petitioners only.
9.
With the above directions, the petition is disposed of along with pending applications.
MANOJ KUMAR OHRI, J NOVEMBER 22, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.