Vishal @ Vickey & ANR v. The State & ORS

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5129/2018 VISHAL @ VICKEY & ANR ..... Petitioners Through:

Mr. Nitin Bansal, Advocate with petitioners in person.

versus THE STATE & ORS ..... Respondents Through:

Mr. Mukesh Kumar, APP for State.

Mr. Prashant Chakrovarty, Advocate for R-2 & R-3 with R-2 & R-3 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 05.03.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 31/2016 under Sections 323/324/325/341/34 IPC registered at P.S. Bharat Nagar on the ground of settlement having been arrived at between the petitioners and respondent no. 2.

2.

The petitioners and respondent no.2 are related to each other being the family members. The present FIR was registered at the instance of respondent no.2, as she alleged that the petitioners misbehaved and physically assaulted her as well as her mother-in-law i.e., respondent No.3 due to some property dispute between them.

3.

Learned APP for the State submits that the charge sheet in the present case has been filed against the present petitioners and respondent no.2 is the only complainant.

4.

Learned counsel for the petitioners submits that the petitioners and respondent no.2 have entered into a settlement vide Settlement Deed dated

04.09.2018. A copy of the same is annexed with the petition as Annexure C. 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 are present in person and have been identified by their respective counsel.

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. The petitioners have shown remorse for their act and undertaken not to repeat the same in future. Respondent no. 2 states that she has no objection if the present FIR and the 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. 10.

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

Order dasti to the counsels for the parties.

MANOJ KUMAR OHRI, J MARCH 05, 2020 ga