Bharat Kumar v. The State & Another

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4614/2018 & CRL.M.As. 31868/2018, 31869/2018 BHARAT KUMAR ..... Petitioner Through: Mr. Arpan Rathee, Advocate with Ms.

Rashmi, Advocate alongwith petitioner in person.

Versus

THE STATE & ANOTHER ..... Respondents Through: Mr. Mukesh Kumar, APP for State with SI Rahul Kumar, P.S. Laxmi Nagar Mr. Mohit Bhardwaj, Advocate with Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 06.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 1951/2014, registered under Sections 323/342/427/506/34 IPC at Police Station Shakarpur, Delhi on the ground of settlement having been arrived at between the petitioner and respondent No. 2.

2.

As per the case of the prosecution, the present FIR has been filed by respondent No. 2 against the present petitioner who physically assaulted him and caused injuries which were opined to be simple in nature. 3.

Learned APP for State, on instructions submits that the charge-sheet has been filed against the present petitioner and respondent No.2 is the only complainant/victim in this case.

4.

Learned counsel for the petitioner submits that the parties have entered into a settlement vide compromise deed on 06.05.2018. A copy of the same is annexed with the petition as Annexure P-2. In terms of the CRL.M.C.4614/2018

settlement, respondent No. 2 is now left with no claim whatsoever against the petitioner.

5.

The petitioner and respondent No. 2 who are present in person, are identified by their respective Counsels and the Investigating Officer. 6.

Learned counsel for the petitioner, on instructions, submits that as per the compromise deed, it has also been agreed between the parties that NCR No. 4276/2014 under Sections 323/352 IPC will not be pursued by the present petitioner.

7.

Respondent No. 2, who is present in Court, states that he has entered into the settlement with the petitioner out of his own free will, volition and without any undue force, pressure or coercion and that he has no objection if the present FIR and the consequent proceedings are quashed. 8.

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

9.

In view of the settlement arrived at between the parties, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, the aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed. 10.

With the above directions, the petition is disposed of alongwith pending applications.

11.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J FEBRUARY 06, 2020/p'ma CRL.M.C.4614/2018