Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Lal Babu Pandey vs The State (Nct Of Delhi) & Anr on 6 March, 2020

Author: Manoj Kumar Ohri

Bench: Manoj Kumar Ohri

$~51
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CRL.M.C. 1324/2020
     LAL BABU PANDEY                 ..... Petitioner
                          Through: Mr. Durgesh Kr. Pandey, Advocate
                          alongwith petitioner in person.
                          Versus

       THE STATE (NCT OF DELHI) & ANR              ..... Respondents
                     Through: Dr. M.P. Singh, APP for State with SI
                     Madan Mohan & W/ASI Veena, P.S. Ranhola
                     Respondent Nos. 2 & 3 in person.

       CORAM:
       HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
                    ORDER

% 06.03.2020 CRL.M.A. 5062/2020 (Exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

1. The present proceedings are instituted seeking quashing of FIR No. 860/2017 under Sections 354/354(A)/451/506/509 IPC registered at P.S. Ranhola, Delhi on the ground of settlement having been arrived at between the parties.

2. As per the case of the prosecution, the present FIR was registered at the instance of respondent No. 2 as she alleged that the petitioner entered into an altercation with her and respondent No. 3 and misbehaved with them. The petitioner is the neighbour of respondent Nos. 2 & 3.

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 complainants/victims.

4. Learned counsel for the petitioner submits that the parties have entered into a settlement on 03.02.2020. A copy of the same is annexed with the petition. In terms of the settlement, respondent Nos. 2 & 3 are now left with no claim whatsoever against the petitioner.

5. The Petitioners who are present in person, are identified by their counsel and the Investigating Officer. Respondent Nos.2 & 3 who are present in person, are 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 nos. 2 & 3 state that they have entered into the settlement with the petitioner out of their own free will, volition and without any undue force, pressure or coercion. They further state that the petitioner has 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 besides the present FIR there is another connected FIR No. 859/2017 under Sections 354/354(A)/506/509/342/34 IPC and Section 8 of POCSO Act registered at P.S. Ranhola, Delhi, and quashing of the same is sought in CRL.M.C. 1304/2020.

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

9. In view of the settlement arrived at between the parties voluntarily, in my view, no useful purpose will be served in continuance of the present criminal proceedings. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are hereby quashed, subject to costs of Rs.10,000/- to be deposited with 'Delhi High Court Legal Services Committee' by the petitioner within a period of 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 MARCH 06, 2020/p'ma CRL.M.C. 1324/2020 Page 3 of 3