Anita & ORS v. State & ANR

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3985/2018 ANITA & ORS ..... Petitioners Through:

Mr. D. K. Singh, Mr. Pankaj Chauhan, Ms.

Savita Singh, Mr. Rahul Tyagi, Mr. P. Pandey, Ms. Smriti and Ms. Armika Bagh, Advocates.

versus STATE & ANR ..... Respondents Through:

Mr. Mukesh Kumar, APP for State.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 26.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 223/2017 under Sections 323/451/147/148/427 IPC & Section 3 of Delhi Prevention of Defacement of Property Act, 2007 registered at Police Station Mansarovar Park, New 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 petitioners, who forcibly entered her Anganwadi and physically assaulted her while also damaging the goods kept at the premises.

3.

Learned APP for the State, on instructions, submits that the charge sheet has not been filed in the present case. He has filed the status report. 4.

Learned counsel for the petitioners submits that the parties have entered into a settlement vide Settlement Deed on 19.07.2018. A copy of CRL.M.C. 3985/2018

the same is annexed with the petition. In terms of the settlement, respondent no.2 is now left with no claim whatsoever against the petitioners. 5.

The petitioners and respondent no.2 who are present in person are identified by their respective counsels as well as by the Investigating Officer.

6.

Respondent no. 2 states that she has entered into the settlement with the petitioners out of her own free will, volition and without any undue force, pressure or coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed. 7.

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

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, subject to costs of Rs.25,000/- to be deposited with the Delhi High Court Legal Services Committee within four weeks. Receipt evidencing deposit of costs be filed in the Registry as well as with the Investigating Officer. 10.

With the above directions, the petition is disposed of. 11.

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J FEBRUARY 26, 2020/ssc CRL.M.C. 3985/2018