Lekh Kumar v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6256/2018 and Crl. M.A. no. 49271/2018 (stay) LEKH KUMAR ..... Petitioner Through Mr.

Rajeshwar Singh, Adv.

with petitioner in person versus STATE & ANR.

..... Respondents Through Dr. M.P. Singh, APP with SI Vipin Kumar, P.S. Kalyan Puri Mr.

Ram Kumar, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.12.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Mr. Munshi Lal is present in Court along with his counsel and accepts notice.

He has been identified by SI Vipin Kumar of police station Kalyan Puri.

Respondent no.2 submits that he has settled the matter with petitioner of his own free will and without any undue force, pressure or coercion. Learned counsel for the petitioner submits that petitioner has apologized for his conduct to respondent no. 2, inasmuch as has deposited `50,000/- with the Delhi High Court Bar Association Lawyers' Social Security & Welfare

Fund, New Delhi.

Learned APP has opposed quashing of the FIR on that ground that when complainant was in service, he was assaulted by the petitioner. Respondent no. 2 says that he has no objection in case FIR No. 504/2005 under Sections 186/353/332 IPC registered at Police Station Kalyan Puri and consequent proceedings emanating therefrom are quashed. Affidavit of respondent no. 2 to this effect is also on record. Keeping in mind the settlement arrived at between the petitioner and respondent no. 2 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

DECEMBER 17, 2018 r.bararia