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Vijender Kumar vs State Of Nct Of Delhi & Anr on 9 December, 2021

Author: Chandra Dhari Singh

Bench: Chandra Dhari Singh

                          $~8
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CRL.M.C. 2635/2021
                                VIJENDER KUMAR                                     ..... Petitioner
                                                   Through:    Mr. H.P. Sharma, Advocate

                                                   versus

                                STATE OF NCT OF DELHI & ANR                ..... Respondent
                                              Through: Ms. Kusum Dhalla, APP for State
                                                        with SI Ranbir Singh, P.S. Adarsh
                                                        Nagar.
                                                        Mr. Vishnu Sharma and Ms. Shreya
                                                        Tripathi, Advocates for R-2 alongwith
                                                        R-2.

                                CORAM:
                                HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                        ORDER

% 09.12.2021

1. The instant petition under Section 482 of Code of Criminal Procedure, 1973 has been filed by the petitioner praying for quashing of FIR bearing No. 096/2015 registered at Police Station Adarsh Nagar, North West, Delhi for offences punishable under Sections 354A/34 of Indian Penal Code, 1860.

2. Heard.

3. Issue notice. Ms. Kusum Dhalla, learned APP for the State accepts notice.

4. Learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged in the aforementioned FIR. It is further submitted that he has been implicated by Signature Not Verified Digitally Signed By:DAMINI YADAV CRL.M.C. 2635/2021 Page 1 of 3 Signing Date:10.12.2021 11:03:50 respondent No.2 on account of mistaken belief erupted in between accused namely Amit Kumar (since deceased) and respondent No.2 due to some property dispute. It is submitted that now the petitioner and resp ondent No.2 have amicably settled their disputes vide Memorandum of Settlement dated 28th September 2021, wherein respondent No.2 has agreed to cooperate to get present FIR bearing No. 096/2015 dated 9th February 2015 registered at Police Station Adarsh Nagar, Delhi for offences punishable under Sections 354A/34 IPC and other proceedings emanating therefrom. It is submitted that since the parties have settled the disputes, therefore, no purpose would be served by continuance of the proceedings pursuant to the aforesaid FIR. Learned counsel for the petitioner further submitted that since the charges against the petitioner is in the nature of cognizable offences and not compoundable, therefore no effective remedy is available to the petitioner except for the instant petition.

5. Learned counsel for the petitioner submitted that the aforesaid FIR, chargesheet and other proceedings may be quashed in the light of the judgment of the Hon'ble Supreme Court in Gian Singh vs. State of Punjab & Another (2012) 10 SCC 303.

6. Petitioner is present in Court and identified by his counsel as well as by the Investigating Officer.

7. Learned counsel for respondent No.2 submits that the matter has been settled amicably between the parties. Respondent No.2, who is also present in Court today and identified by her counsel as well as by the Investigating Officer, states that she no objection to the quashing of the FIR. On query by the Court respondent No.2 stated that she entered into compromise on her own free will and without any pressure whatsoever.

7. Ms. Kusum Dhalla, learned APP appearing on behalf of the State submits that she has no opposition to the grant of prayer in view of the settlement arrived at between the parties.

8. Heard learned counsel for the parties and perused the FIR as well as Memorandum of Settlement dated 28th September 2021 which is appended to the petition as Annexure A-2. On the basis of paragraphs 1 to 5 of the Compromise Deed, the petitioner prays for quashing of the aforesaid FIR and other proceedings.

9. In view of the settlement arrived at between the parties and in the light of the other pronouncements of the Hon'ble Supreme Court, the present petition is allowed. Accordingly, FIR bearing No. 096/2015 registered at Police Station Adarsh Nagar, North West, Delhi for offences punishable under Sections 354A/34 of IPC, chargesheet and all proceedings emanating therefrom are quashed subject to cost of Rs. 20,000/- to be deposited with Armed Forces Battle Casualties Welfare Fund, Account No. 90552010165915 with Canara Bank, bearing IFSC Code CNRB0019055, within a period of three weeks from today.

10. After payment of cost, receipt shall be deposited with the Investigating Officer.

11. Accordingly, the petition stands disposed of.

CHANDRA DHARI SINGH, J DECEMBER 9, 2021 Aj Signature Not Verified Digitally Signed By:DAMINI YADAV CRL.M.C. 2635/2021 Page 3 of 3 Signing Date:10.12.2021 11:03:50