Shivam v. State & ANR

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3048/2018 & Crl. M.A. nos. 10730-31/2018 SHIVAM ..... Petitioner Through Mr. Kunal Yadav, Adv.

versus STATE & ANR ..... Respondents Through Ms. Manjeet Arya, APP with ASI Karamvir Singh, P.S. North Rohini Mr. Narender Singh and Mr. Yashpal Singh, Advs. with respondent nos. 2 and 3 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 29.05.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Dimple Agarwal is present in Court along with her counsel and accepts notice. She has been identified by ASI Karamvir Singh of police station North Rohini.

Learned APP submits that Ms. Bharati is also victim in this case and has not been impleaded as respondent.

On the oral prayer made by the learned counsel for petitioner, Ms. Bharati is impleaded as respondent no. 3. Amended memo of parties has been filed and taken on record.

Respondent no.3 Ms. Bharati is present in Court along with her counsel and accepts notice. She has been identified by ASI Karamvir Singh of police station North Rohini.

Respondent nos.2 and 3 submit that they have settled the matter with the petitioner of their own free will and without any undue force, pressure or coercion.

Petitioner has paid `2,60,000/- to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Settlement Deed dated 30th April, 2018 executed between the petitioner and respondent no. 2 has been annexed as Annexure 'C'. Respondent nos. 2 and 3 say that they have no objection in case FIR No. 552/2013 under Sections 509/354 IPC registered at Police Station North Rohini and the consequent proceedings emanating therefrom are quashed.

Affidavit of respondent no.

2 to this effect is also on record.

Keeping in mind the settlement arrived at between the petitioner and respondent nos. 2 and 3 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti.

A.K. PATHAK, J.

MAY 29, 2018 r.bararia