Kunal Batra v. State (NCT Of Delhi)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3148/2016 KUNAL BATRA ..... Petitioner Through:

Mr. Birender Sangwan & Mr. Vishal Chabara, Advocates.

versus STATE (NCT OF DELHI) ..... Respondent Through:

Ms. Kamna Vohra, ASC along with SI Naresh Kumar, PS-Shahbad Dairy, for the State.

Mr. Neeraj Kant Singh, Advocate for respondents No.2 to 4.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 27.10.2016 The petitioner has filed the present petition seeking quashing of FIR No.673/2016 registered on the complaint of the complainant under Sections 287/204A IPC against the petitioners at Police Station - Shahbad Dairy. Issue notice. Ms. Vohra accepts notice on behalf of the State. Respondents No.2 to 4 are present in Court and they are represented through their counsel. Learned counsel states that he has already filed his Vakalatnama on behalf of respondents No.2 to 4. The parties have arrived at a settlement on 20.10.2016, which has been placed on record. Under the settlement, the petitioner has agreed to

make payment of Rs.5 Lakhs and has brought pay order drawn in favour of respondent No.2, which has been tendered to her. The complainant states that she has not been subjected to any pressure or coercion and that she has entered the settlement out of her own free will. The complainant further states that she joins the prayer for quashing of the FIR in question.

The charge-sheet has not been filed. The deceased had two minor children, aged 4 years and 1 year. The condition of respondents No.2 to 4, evidently, is very poor. With the demise of the deceased Amrender Paswan, the future particularly of respondent No.2 and her children, appears to be uncertain. The petitioner, who is present in Court has, therefore, agreed to make a further payment of Rs.2 Lakhs as compensation. He has agreed to make two fixed deposits of Rs.1 Lakh each in the name of respondent No.2 for a period of two years so that she could use the said amount for upbringing the children.

Accordingly, no useful purpose would be served in proceeding further with the FIR in question and the proceedings emanating therefrom. Let the aforesaid fixed deposits be made within fifteen days and be delivered to the respondent No.2 through the I.O. concerned. Once the said amount is delivered, the FIR in question and the proceedings emanating therefrom shall be cancelled by the I.O.

Dasti.

VIPIN SANGHI, J OCTOBER 27, 2016 B.S. Rohella