Farukh & ANR. v. State & ANR.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4925/2018 FARUKH & ANR.

..... Petitioners Through: Mr. Ravindra Narayan, Mr. Afzal Khan and Mr. Mohd. Asfi, Advocates versus STATE & ANR.

..... Respondents Through: Mr. Mukesh Kumar, APP for State I.O. appearance not given

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 06.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No.2277/2015 registered under Sections 354/323/506/34 IPC at P.S. Mehrauli, New Delhi on the ground of settlement having been arrived at between the petitioners and respondent No.2.

2.

As per the case of the prosecution, the present FIR was registered against the petitioners who are the landlords of respondent No.2 and who physically assaulted respondent no.2.

3.

Learned APP for the State, on instructions, submits that the charge sheet in the present case has been filed under the aforesaid sections against the present petitioners and respondent No.2 is the only complainant/victim. 4.

Learned counsels for the parties submit that the petitioners and respondent No.2 have entered into a settlement out of court. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners.

CRL.M.C. 4925/2018

5.

The petitioners, who are present in person, are identified by their counsel as well as by the Investigating Officer. Respondent No.2, who is also present in person, are also identified by the Investigating Officer. The petitioners have shown remorse for their conduct and have undertaken not to repeat the same in future.

6.

Respondent No.2 state 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 the petitioners have not repeated the same incident and that she has no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsels for the parties submit that besides the present FIR there are two connected FIR's, FIR No.2282/2015, registered under Sections 323/34 IPC at Police Station Mehrauli and FIR No.2281/2015 under Sections 323/34 IPC registered at P.S. Mehrauli, which have also been settled and quashed.

8.

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

9.

In view of the settlement arrived at between the parties voluntarily, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed. 10.

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

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J FEBRUARY 06, 2020/na CRL.M.C. 4925/2018