Dinesh Kumar & ANR. v. State Of NCT Of Delhi & ANR.
$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10110/2024 and CRL.M.A. 38791/2024 DINESH KUMAR & ANR.
.....Petitioners Through: Mr.Kamal Jindal, Advocate with petitioners in person versus STATE OF NCT OF DELHI & ANR.
.....Respondents Through: Ms.Manjeet Arya, Advocate with SI Mani Mr.Nitin Goel and Mr.Naveen Kr. Sharma, Advocates for respondent No.2
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 23.12.2024 1.
The present petition has been filed seeking quashing of FIR No.22/2014 registered under Sections 323/354/354A/354B/506/34 IPC at P.S. Sagarpur, Delhi on the ground that the parties have amicably settled their disputes.
2.
As per the allegations levelled in the FIR, the petitioners alongwith other accused persons gave beatings to respondent No.2, and threatened her, causing her mental distress.
3.
Learned APP for the State submits that in the present case, the petitioners are the accused persons and respondent No.2 is the complainant/victim. He further submits that besides the present petitioners, there are two other co-accused persons namely, Rakesh Kumar and Taruna, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
however, the present petition has been preferred for quashing of FIR qua the present petitioners only. He also submits that the chargesheet in the present case has already been filed.
4.
Learned counsel for the complainant submits that the complainant/respondent No.2 has entered into an amicable settlement only with the present petitioners namely, Dinesh Kumar (brother-in-law) and Kanchan (sister-in-law) respectively and at this stage, there is no settlement with the aforesaid other co-accused persons.
5.
Learned counsels for the parties submit that the parties have entered into a settlement on 20.09.2024 before Delhi Mediation Centre, Patiala House Courts, New Delhi. It is further submitted that out of the total settlement amount, the balance amount of Rs.8,00,000/- is being paid today by way of a demand draft bearing No.098125 dated 22.11.2024 drawn on Karnataka Bank Ltd. to respondent No.2/complainant. In terms of the settlement, respondent No.2 is now left with no claim or grievance whatsoever against the present petitioners.
6.
The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels as well as by the concerned Investigating Officer.
7.
The petitioners have shown remorse for their conduct and they undertake not to repeat the same in future. Respondent No.2 states that she has entered into the aforesaid mediation settlement 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, subject to encashment of the aforesaid demand draft. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
8.
Learned counsels for the partiers submit that there is another connected FIR being FIR No.21/2014 registered under Sections 451/354/354A/506/34 IPC at P.S. Sagarpur, Delhi filed by daughter of petitioner No.1, which has been quashed vide order dated 23.12.2024 in CRL.M.C. 10112/2024.
9.
The parties shall remain bound by the statements and undertaking made in Court today.
10.
In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed against the present petitioners only, subject to encashment of the aforesaid demand draft.
11.
With the above directions, the petition is disposed of alongwith the pending application.
MANOJ KUMAR OHRI, J DECEMBER 23, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.