Vipul Kumar & ORS v. State & ANR

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + VIPUL KUMAR & ORS ..... Petitioners Through: Mr. Vijay Datt Gahtori, Advocate alongwith petitioners in person.

Versus

STATE & ANR ..... Respondents Through: Mr. Mukesh Kumar, APP for State with SI Shiv Prakash & ASI Rajesh, P.S. Anand Parbat Mr. Asutosh Sharma, Advocate with respondent Nos. 2 & 3 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 17.02.2020 1.

The present proceedings are instituted seeking quashing of FIR No. 496/2016 under Sections 323/341/354(A)/506/509/34 IPC registered at Police Station Anand Parbat, Delhi on the ground of settlement having been arrived at between the parties.

2.

It has been alleged that on 17.11.2016, while the complainant was outside her house, the petitioners came and started abusing her. When she objected to the same, they started beating and threatening the complainant as well as her mother. The petitioners and respondent Nos. 2 & 3 are known to each other as they are neighbours.

3.

Learned APP for the State, submits that the charge sheet in the present case has been filed against the present petitioners and respondent Nos. 2 & 3 are the only complainants/victims.

4.

Learned counsel for the petitioners submits that the parties have entered into a settlement out of Court. In terms of the settlement, respondent nos.2 & 3 are now left with no claim whatsoever against the petitioners. 5.

The petitioners and respondent nos.2 & 3 who are present in person are identified by their respective counsels as well as by the Investigating Officer. The petitioners have shown remorse for their conduct and have undertaken not to repeat the same in future.

6.

Respondent nos. 2 & 3 state that they have entered into the settlement with the petitioners out of their own free will, volition and without any undue force, pressure or coercion. They further state that the petitioners have not repeated the same incident and that they have 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.20,000/- out of which Rs.10,000/- shall be paid to respondent Nos. 2 & 3 by way of a demand draft through Investigating Officer and Rs.10,000/- 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 FEBRUARY 17, 2020/p'ma