Vijender v. State & ANR

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + VIJENDER ..... Petitioner Through: Mr. Shashi Kaushik, Advocate alongwith petitioner in person.

Versus

STATE & ANR ..... Respondents Through: Mr. Mukesh Kumar, APP for State with SI Hawa Singh, P.S. Manol Puri Complainant/Respondent No. 2 in person alongwith her husband.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 31.01.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 660/2014 under Sections 354/323/341/506 IPC registered at Police Station Mangol Puri, Delhi on the ground of settlement having been arrived at between the petitioner and respondent no. 2.

2.

As per the prosecution case, the present FIR has been filed by respondent No. 2 against the present petitioner who physically assaulted her. 3.

Mr. Mukesh Kumar, learned APP for the State, submits that the charge sheet in the present case has been filed against the petitioner and respondent no.2 is the only complainant/victim. 4.

Learned counsel for the petitioner submits that the petitioner and respondent no.2 have entered into a settlement vide compromise deed dated 05.09.2018. A copy of the same is annexed with the petition as Annexure-B.

In terms of the settlement, respondent no.2 is now left with no claim whatsoever against the petitioner.

5.

Petitioner who is present in person, is identified by his counsel and the Investigating Officer. Respondent no.2 who is present in person, is identified by the Investigating Officer. The petitioner has shown remorse for his conduct and has undertaken not to repeat the same in future. 6.

Respondent no. 2 states that she has entered into the settlement with the petitioner out of her own free will, volition and without any undue force, pressure or coercion. She further states that the petitioner has 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 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/-, out of which Rs.20,000/- shall be paid to the complainant by way of a demand draft through Investigating Officer and Rs.5,000/- shall 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 JANUARY 31, 2020/p'ma