Delhi High Court - Orders
Ravinder vs State Of Nct Of Delhi & Anr on 21 January, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1614/2020
RAVINDER ..... Petitioner
Through: Petitioners in person with Mr.Vinay
Kumar Sharma, Advocate.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondent
Through: Mr.Jeet Rai Sharma, Advocate for
Ms.Kamna Vohra, ASC for State with
ASI Asmita, PS Najafgarh.
R-2 in person.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 21.01.2021 The petitioner nos.1 & 2 both are present in terms of the amended memo of parties dated 23.11.2020, which amended memo of parties has been submitted in terms of order dated 06.10.2020.
The petitioners, vide the present petition have sought the quashing of the FIR No.152/2020, PS Najafgarh under Sections 341/354/354D/506/509 of the Indian Penal Code, 1860 submitting to the effect that the matter has since been settled between the petitioner no.1 and the respondent no.2 vide a settlement deed dated 25.08.2020 and between the petitioner no.2 and the respondent no.2 vide a settlement deed dated 23.11.2020 and no useful purpose would be served by the continuation of the proceedings in relation to the present FIR.
The Investigating Officer of the case is present and has identified the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:22.01.2021 18:55:44 This file is digitally signed by PS to HMJ ANU MALHOTRA.
petitioner no.1 Ravinder and petitioner no.2 Rahul as being the two accused arrayed in the FIR No.152/2020, PS Najafgarh under Sections 341/354/354D/506/509 of the Indian Penal Code, 1860 and he has also identified the respondent no.2 Ms.Priyanka as being the complainant thereof.
In terms of order dated 07.12.2020, the status report dated 14.01.2021 under the signatures of the SHO, PS Najafgarh and the statement under Section 164 of the Cr.P.C., 1973 have been submitted on behalf of the State with the statement under Section 164 of the Cr.P.C., 1973 having been submitted in a sealed cover which has been opened and perused.
The respondent no.2 in her deposition on oath by the Court in replies to specific Court queries has affirmed the factum of the settlement arrived at between her and the petitioner no.1 vide a settlement deed dated 25.08.2020 and between her and the petitioner no.2 vide a settlement deed dated 23.11.2020 voluntarily of her own accord and has further stated that in view of the settlement arrived at between her and the petitioners and the matters having been settled and that the petitioner nos.1 & 2, she does not oppose the prayer made by the petitioners seeking the quashing of the FIR No.152/2020, PS Najafgarh under Sections 341/354/354D/506/509 of the Indian Penal Code, 1860 nor does she want them to be punished in relation thereto. The respondent no.2 is apparently well educated, states that she is a graduate and works as a Nursing Officer with RHTC, Najafgarh and has understood the implications of the statement made by her, there appears no reason to disbelieve that she has arrived at a settlement with the petitioners voluntarily of her own accord without any duress, coercion or pressure from any quarter, with it having been submitted on behalf of the State that apart Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:22.01.2021 18:55:44 This file is digitally signed by PS to HMJ ANU MALHOTRA.
from the factum that both the accused Ravinder and Rahul had not been arrayed initially as parties to the petition and that the petition has been filed only by Ravinder and that the other accused had been arrayed as a party therein, there is no other opposition to the prayer made by the petitioners, the said opposition stands met in view of the amended memo of parties having been placed on the record.
In the circumstances, in view of the deposition made by the respondent no.2, the settlement arrived at between the parties and the non- opposition on behalf of the State, for maintenance of peace and harmony between the parties it is considered appropriate to put a quietus to the litigation between the parties.
In view thereof, the FIR No.152/2020, PS Najafgarh under Sections 341/354/354D/506/509 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom against the petitioner no. 1 Ravinder & petitioner no.2 Rahul are thus quashed.
The petition is disposed of.
ANU MALHOTRA, J JANUARY 21, 2021 'neha chopra' Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:22.01.2021 18:55:44 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI Item No. 24 W.P.(CRL) 1614/2020 RAVINDER versus STATE OF NCT OF DELHI & ANR. 21.01.2021 CW-1 ASI Asmita, PS Najafgarh.
On S.A. I identify the petitioner no.1 Ravinder and petitioner no.2 Rahul as being the two accused arrayed in the FIR No.152/2020, PS Najafgarh under Sections 341/354/354D/506/509 of the Indian Penal Code, 1860 and I also identify the respondent no.2 Ms.Priyanka as being the complainant thereof.
RO & AC ANU MALHOTRA, J
21.01.2021
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:22.01.2021
18:55:44
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI Item No. 24 W.P.(CRL) 1614/2020 RAVINDER versus STATE OF NCT OF DELHI & ANR. 21.01.2021 CW-2, Ms.Priyanka, d/o Sh.Mange Ram, aged 33 years, r/o RX-43B, Y Block, New Roshanpura, Najafgarh.
On S.A. The matter has since been settled between me and the petitioner no.1 vide a settlement deed dated 25.08.2020 and between me and the petitioner no.2 vide a settlement deed dated 23.11.2020 and I have arrived at a settlement with the petitioners voluntarily of my own accord without any duress, coercion or pressure from any quarter.
In view of the matters having since been settled between me and the petitioner nos. 1 & 2 and as the petitioner nos. 1 & 2 have both apologized to me, I thus, do not oppose the prayer made by the petitioners seeking the quashing of the FIR No.152/2020, PS Najafgarh under Sections 341/354/354D/506/509 of the Indian Penal Code, 1860 nor do I want them to be punished in relation thereto.
I am a graduate and I work as a Nursing Officer with RHTC, Najafgarh.
I have made my statement after understanding the implications thereof voluntarily of my own accord without any duress, coercion or pressure from any quarter.
RO & AC ANU MALHOTRA, J
21.01.2021
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:22.01.2021
18:55:44
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.