Delhi High Court - Orders
Ashwani Kumar Ashu Punjabi & Anr vs State Of Nct Of Delhi & Others on 26 February, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 639/2021 & Crl.M.A Nos. 3131/2021 & 3132/2021
ASHWANI KUMAR ASHU PUNJABI & ANR. ..... Petitioners
Through: Mr.Birender Bhatt, Advocate
versus
STATE OF NCT OF DELHI & OTHERS .... Respondents
Through: Ms.Meenakshi Dahiya, APP for State
with SI Sumit PS Tilak Nagar
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 26.02.2021 (Through Video Conferencing) Crl.M.A. No. 3132/2021 Exemption allowed, subject to just exceptions. Crl.M.C. No. 639/2021 and Crl.M.A. No. 3131/2021 The petitioners vide the present petition seek the quashing of the FIR No. 754/2016 Police Station Tilak Nagar under Sections 354/354C/354D/342/34 of the Indian Penal Code, 1860, submitting to the effect that a settlement has since been arrived at between the petitioners and the respondent Nos.2 and 3 vide a Memorandum of Understanding dated 26.10.2020 and no useful purpose would be served by the continuation of the proceedings qua the FIR in question.
The Investigating Officer of the case has identified the petitioner Nos. 1 and 2 present in the Court today through video conferencing as being the two accused arrayed in the FIR in question Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.03.2021 17:35:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.
and has also identified the respondent Nos. 2 and 3 as being the complainant and the victim respectively.
The respondents No.2 and 3 in their depositions on oath in replies to specific Court queries have affirmed the factum of a settlement arrived at with the petitioners vide a Memorandum of Understanding dated 26.10.2020 and state that the FIR was got registered on the basis of some misunderstanding and that they do not want to pursue the proceedings qua the FIR in question any further nor do they want the petitioner Nos. 1 and 2 to be punished in relation thereto. They state further that they have so stated voluntarily of their own accord without any duress, pressure or coercion from any quarter. The respondent no.2 has studied till standard XII the respondent no.3 is presently pursuing her B.A. There appears no reason to disbelieve the statements made by the respondents No.2 and 3 that they have arrived at a settlement with the petitioner Nos. 1 and 2 voluntarily of their own accord without any duress, pressure or coercion from any quarter.
On behalf of the State there is no opposition to the prayer made by the petitioners seeking the quashing of the FIR No. 754/2016 Police Station Tilak Nagar under Sections 354/354C/354D/342/34 of the Indian Penal Code, 1860, in view of the statements made by the respondent Nos. 2 and 3 that they have arrived at a settlement with the petitioners voluntarily of their own accord without any duress, pressure or coercion from any quarter.
Taking the young ages of the respondent nos. 2 and 3 into account and their statements that they have settled the matter with the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.03.2021 17:35:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.
petitioners, FIR No. 754/2016 Police Station Tilak Nagar under Sections 354/354C/354D/342/34 of the Indian Penal Code, 1860, against the petitioner No.1 and 2 is quashed subject to deposit of a composite sum of Rs.20,000/- with the Delhi High Court Legal Services Committee by the petitioner Nos. 1 and 2 within a period of 10 days from today which in the event of non-payment of the costs, the same be recovered as revenue.
The petition is disposed of.
ANU MALHOTRA, J FEBRUARY 26, 2021/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.03.2021 17:35:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI NEW DELHI.
ITEM NO. 60ASHWANI KUAMR ASHU PUNJABI & ANR. V. STATE OF NCT OF DELHI & ORS.
CW-1 SI SUMIT PS TILAK NAGAR ON S.A. I am the Investigating Officer of the case in relation to FIR bearing No. 754/2016 Police Station Tilak Nagar under Sections 354/354C/354D/342/34 of the Indian Penal Code, 1860. I identify the petitioner Nos. 1 and 2 namely Ashwani Kumar @ Ashu Punjabi and Bupinder Singh, present in the Court today through video conferencing as being the two accused arrayed in FIR No. 754/2016 Police Station Tilak Nagar under Sections 354/354C/354D/342/34 of the Indian Penal Code, 1860. Apart from these two accused there is no other person arrayed as accused in relation to the said FIR. I identify the respondent No.2 and the respondent no.3 present today in Court through video conferencing as being the complainant and the victim respectively in the said FIR.
ANU MALHOTRA, J RO & AC 26.02.2021.
Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.03.2021 17:35:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI NEW DELHI.
ITEM NO. 60ASHWANI KUAMR ASHU PUNJABI & ANR. V. STATE OF NCT OF DELHI & ORS.
CW-2 MS.JYOTI W/O SANDEEP SAINI R/O H. No.A-900 HOLAMBI KALAN, METRO VIHAR, DELHI, AGED 26 YEARS ON S.A. In view of the settlement dated 26.10.2020 arrived at between me and the petitioners which memorandum of Understanding I have signed voluntarily of my own accord without any duress, pressure or coercion from any quarter, I do not oppose the prayer made by the petitioners seeking the quashing of the FIR No. 754/2016 Police Station Tilak Nagar under Sections 354/354C/354D/342/34 of the Indian Penal Code, 1860, which was registered on the basis of some misunderstanding nor do I want the petitioners to be punished in relation thereto. I have so stated voluntarily of my own accord without any duress, pressure or coercion from any quarter. I have studied till standard XII and earlier I was working as a typist. I have understood the implications of the statement made by me. I have made my statement voluntarily of my own accord without any duress, pressure or coercion from any quarter.
ANU MALHOTRA, J RO & AC 26.02.2021.
Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.03.2021 17:35:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI NEW DELHI.
ITEM NO. 60ASHWANI KUAMR ASHU PUNJABI & ANR. V. STATE OF NCT OF DELHI & ORS.
CW-3 MS.ANJALI D/O VIJAY SINGH CHAUHAN R/O G-23, SECTOR-24, ROHINI DELHI, AGED 25 YEARS ON S.A. In view of the settlement dated 26.10.2020 arrived at between me and the petitioners which memorandum of Understanding I have signed voluntarily of my own accord without any duress, pressure or coercion from any quarter, I do not oppose the prayer made by the petitioners seeking the quashing of the No. 754/2016 Police Station Tilak Nagar under Sections 354/354C/354D/342/34 of the Indian Penal Code, 1860, which was registered on the basis of some misunderstanding nor do I want the petitioners to be punished in relation thereto. I have so stated voluntarily of my own accord without any duress, pressure or coercion from any quarter. I am pursuing my B.A. I have understood the implications of the statement made by me. I have made my statement voluntarily of my own accord without any duress, pressure or coercion from any quarter.
ANU MALHOTRA, J RO & AC 26.02.2021.
Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.03.2021 17:35:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.