High Court of DelhiCRL.M.C./4758/2016

Vijender Singh v. State & ANR

2018-02-28Hon'Ble Ms. Justice Anu Malhotra6 pages

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ..... Petitioner Through:

Petitioner in person.

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

Mr. Raghuvinder Varma, APP for State with ASI Hawa Singh, PS Nihal Vihar.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 28.02.2018 Pursuant to directions dated 15.12.2017, in view of the submissions made on behalf of the State that as per the FIR, there are two other persons who are injured named as Smt. Santosh and Ms. Kavita of whom Smt. Santosh was present on 15.12.2017 and had affirmed the factum that a settlement has been arrived at between the parties, notice was ordered to be issued to Ms. Kavita who is the daughter of the respondent no. 2 being the complainant of the FIR in question. Smt. Santosh and Ms. Kavita are present in person. The petitioner as the accused and the respondent no. 2 as the complainant and Smt. Santosh and Ms. Kavita as injured have been identified by the Investigating Officer present in the court today. The examination of the respondent no. 2 the complainant of the FIR in question and the examination of two other persons being the injured, i.e., Smt. Santosh wife of the petitioner and Ms. Kavita niece Page 1 of 2.

of the petitioner on oath by the court indicates that they have arrived at a settlement inter se as per Ex. CW2/A on the record voluntarily of their own accord without any duress, coercion or pressure from any quarter and the testimony of Smt. Santosh wife of the petitioner who is the person allegedly assaulted and had a quarrel with the petitioner due to which the complainant who is her sister-in-law had lodged the complaint and indicates that she states that she is living with the petitioner even from the time of the quarrel when the FIR had been registered in the year 2015.

On behalf of the State also, there is no opposition to the prayer made by the petitioner seeking quashing of the FIR no. No. 466/2015, registered at PS Nihal Vihar, under Sections 323/326 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom.

In the circumstances of the present case, it is considered essential for the maintenance of peace and harmony between the petitioner and the respondent no. 2 and also the wife and niece of the petitioner, to put a quietus to the litigation between the parties. In view thereof, the FIR no. 466/2015, registered at PS Nihal Vihar, under Sections 323/326 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom are quashed. The petition is disposed of.

The copy of the order be given dasti, as prayed. NC

Statement of CW1 : ASI Hawa Singh, PS Nihal Vihar, Delhi. I identify the petitioner Vijender Singh as being the accused arrayed in FIR No. 466/2015, registered at PS Nihal Vihar, under Sections 323/326 of the Indian Penal Code, 1860 and also identify the injured namely Smt. Santosh and Ms. Kavita who are present today in the Court. There are no other persons arrayed as accused or injured as per the FIR.

Statement of CW2 : Smt. Bimla Devi, w/o Sh. Naval Singh, aged 58 years, r/o 38, Laxmi Park, Nangloi.

The petitioner is my brother-in-law (Devar). There was some quarrel between him and his wife in which I intervened and now a settlement has been arrived at between me and the petitioner. I do not oppose the prayer made by the petitioner seeking quashing of the FIR No. 466/2015, registered at PS Nihal Vihar, under Sections 323/326 of the Indian Penal Code, 1860. The request made for quashing of the FIR bears my signatures at point A on Ex. CW2/A. I have made this statement voluntarily of my own accord without any duress, pressure or coercion from any quarter.

Statement of CW3 : Ms. Kavita, d/o Sh. Naval Singh, aged 26 years, r/o 38, Laxmi Park, Nangloi.

I do not oppose the prayer made by the petitioner seeking quashing of the FIR No. 466/2015, registered at PS Nihal Vihar, under Sections 323/326 of the Indian Penal Code, 1860. I do not want the petitioner/my uncle (Chacha) to be punished in relation thereto in view of the settlement. I have done my graduation and I teach. The request made for quashing of the FIR bears my signatures at point B on Ex. CW2/A. I have made this statement voluntarily of my own accord without any duress, pressure or coercion from any quarter.

Statement of CW4 : Ms. Santosh, w/o Sh. Vijender Singh, aged 32 years, r/o F-2/102, Sultanpuri.

There is a re-conciliation between me and the petitioner (my spouse) and I am living with him and have been living together even after the quarrel in relation to the FIR No. 466/2015, registered at PS Nihal Vihar, under Sections 323/326 of the Indian Penal Code, 1860. I do not oppose the prayer made by the petitioner seeking quashing of the FIR in question. I have made this statement voluntarily of my own accord without any duress, pressure or coercion from any quarter.