Satvinder Singh v. The State & ANR

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SATVINDER SINGH ..... Petitioner Through: Mr. Manjit Singh, Advocate with petitioner in person.

Versus

THE STATE & ANR ..... Respondents Through: Dr. M.P. Singh, APP for State with SI Suresh Kumar, P.S. Palam Village Mr. Bhavneet Singh, Advocate with attorney of respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 19.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 661/2016 under Sections 509/506 IPC registered at Police Station Safdarjung Enclave, Delhi on the ground of settlement having been arrived at between the parties.

2.

As per the case of the prosecution, the present FIR has been filed by respondent No. 2 against the present petitioner who was her tenant and made objectionable sexual remarks against her.

3.

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

4.

Respondent No. 2 is stated to be in Canada and has executed Power of Attorney in favour of Jagdeep Singh. The power of attorney has been placed on record alongwith identification documents.

5.

Learned APP for the State, on instructions, submits that the Power of Attorney has been verified to be correct.

6.

Learned counsel for the petitioners submits that the parties have entered into a settlement vide Memorandum of Understanding dated 19.11.2017. In terms of the settlement, respondent no.2 is now left with no claim whatsoever against the petitioner.

7.

The petitioner and attorney of respondent no.2 who are present in person, are identified by their respective counsel and the Investigating Officer. The petitioner has shown remorse for his conduct and has undertaken not to repeat the same in future.

8.

Attorney of respondent no. 2 states that he has instructions from respondent no.2 to state before this Court that respondent No. 2 has entered into the settlement with the petitioner out of her own free will, volition and without any undue force, pressure or coercion. He further states that the petitioner has not repeated the same incident and respondent No. 2 has no objection if the present FIR and consequent proceedings are quashed. 9.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

10.

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

11.

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.

12.

With the above directions, the petition is disposed of. 13.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J FEBRUARY 19, 2020/p'ma