Baldev Meena v. The State (N.C.T. Of Delhi) & ANR.

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4007/2018 BALDEV MEENA ..... Petitioner Through:

Mr.Manish Kumar, Adv. with petitioner in person.

versus THE STATE (N.C.T. OF DELHI) & ANR.

..... Respondents Through:

Mr.Amit Chadha, APP with SI Sheel Kumar, PS Kalkaji R-2 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 03.12.2018 1.

Vide the present petition filed u/s 482 Cr.P.C., the petitioner seeks quashing of FIR No.0358/2016 registered u/s 354(A) IPC at Police Station Kalkaji, Delhi on the basis of a Compromise Deed dated 13.07.2018.

2.

Learned counsel for the petitioner submits that the petitioner while working on a contractual basis as a Peon in Boys Senior Secondary School, DDA Flat, Phase-II, Kalkaji, was asked to perform the duties of an Invigilator in an examination wherein, the respondent no.2 was a candidate. He submits that while the petitioner carrying out his duties and wanted the students to be cautious, a misunderstanding took place between him and the respondent no.2.

As a result thereof, the respondent no.2 filed a complaint leading to registration of the aforesaid FIR against the petitioner. 3.

Learned counsel for the petitioner further submits that the parties have now amicably resolved their disputes and have entered into a settlement, the terms whereof have been recorded in a Compromise Deed dated 13.07.2018 . He submits that keeping in view the fact that the petitioner is presently unemployed, he volunteers to do any social work that may be directed by this Court and, therefore, prays that the aforesaid FIR and proceedings emanating therefrom be quashed.

4.

The petitioner as also the respondent no.2 are present in Court and have been identified by the Investigating Officer. I have interacted with the respondent no.2 who states that she has resolved her disputes with the petitioner out of her own free will and has entered into the settlement without any coercion. She further submits that she wants to move on in life and does not want the criminal proceedings to continue as continuation of the same will cause hardship to her also. She, therefore, prays that the captioned FIR and the consequential proceedings be quashed.

5.

I have considered the submissions of the learned counsel for the parties and perused the records. Keeping in view the fact that the parties themselves have resolved their disputes which arose out of a misunderstanding as also the fact that the respondent no.2 categorically states that she does not want the criminal proceedings to continue, no useful purpose will be served in continuing with the aforesaid criminal proceedings. The ends of justice demand that the

FIR and all consequential proceedings be quashed. 6.

For the aforesaid reasons, the petition is allowed and the captioned FIR and consequential proceedings are quashed, subject to the petitioner rendering voluntary services in the Police Station Kalkaji for a period of 14 working days between 9.00 a.m. to 6.00 p.m. where he will perform the duties of a peon including serving of tea, dusting, carrying papers etc. The petitioner will report to the Duty Officer at Police Station Kalkaji at 9 a.m. on 04.12.2018 and regularly thereafter for a total period of 14 days. In case, the petitioner is unable to report on any one day for any reason whatsoever, he will give prior intimation thereof to the Duty Officer. Upon completion of 14 days voluntary service by the petitioner as directed hereinabove, the Investigating Officer will file a compliance report in this Court and also file a copy of the same before the learned Trial Court. 7.

The petition is disposed of in the above terms. REKHA PALLI, J DECEMBER 03, 2018 gm