Raj Kumar @ Raju & ORS. v. State & ANR.

$~62.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RAJ KUMAR @ RAJU & ORS.

..... Petitioners Through: Mr. Deepak Garg, Advocate with the petitioners in person versus STATE & ANR.

..... Respondents Through: Mr. Mukesh Kumar, APP for State with SI Gajendra Kumar, P.S. Chhawla, Delhi Through: Mr. Prakash, Advocate for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 19.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No.447/2014 under Sections 354/354(B)/509/323/34 IPC registered at Police Station Chhawala, Delhi on the ground of settlement having been arrived at between the parties.

2.

The present FIR was registered at the instance of respondent No.2 as she alleged that petitioner No.3 started abusing her and her husband and when she objected to the same, both the sons of petitioner No.3, i.e., petitioners No.1 and 2 came and started misbehaving with her. 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/victim.

4.

Learned counsel for the petitioners submits that the parties have entered into a settlement vide Compromise Deed / Memorandum of Understanding dated 17.09.2018. 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, who are present in person, are identified by their respective counsels and 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 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. She further states that the petitioners have not repeated the same incident and 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 is another connected FIR, FIR No. 446/2014 under Section 336 IPC and Section 27 Arms Act, registered at Police Station Chhawala, which has also been settled vide Compromise Deed / Memorandum of Understanding dated 17.09.2018.

8.

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

9.

In view of the settlement arrived at between the parties, 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 composite cost of Rs.5,000/-. The same shall be deposited with the Delhi High Court

Legal Services Committee within two weeks from today. 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 FEBRUARY 19, 2020 na