Delhi High Court - Orders
Deepak vs State & Anr on 31 January, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 202/2022
DEEPAK ..... Petitioner
Through: Mr.Kamlesh Kumar Mishra,
Advocate with petitioner in person
versus
STATE & ANR. ..... Respondents
Through: Mr.Amit Peswani, Advocate for
Ms.Nandita Rao, ASC for State with
SI Deepak PS Sultanpuri
Mr. Bibhuti Bhushan Mishra, Adv for
R-2
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 31.01.2022 (Through Video Conferencing) Crl.M.A. No 1895/2022 Exemption allowed, subject to just exceptions. W.P.(Crl.) 202/2022 The petitioner vide the present petition seeks the quashing of the FIR No. 1373/2021 Police Station Sultan Puri registered under Sections 354A/354D/506 of the Indian Penal Code, 1860 submitting to the effect that a settlement has been arrived at between the petitioner and the complaint vide an agreement executed, a copy of which is placed on record as Annexure AA2.
The Investigating Officer of the present has identified the petitioner present in the Court today through video conferencing as being the sole accused arrayed in relation to FIR No. 1373/2021 Police Station Sultan Puri Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:01.02.2022 12:58:56 This file is digitally signed by PS to HMJ ANU MALHOTRA.
registered under Sections 354A/354D/506 of the Indian Penal Code, 1860 and has identified the respondent No.2, present in the Court today through video conferencing as being the complainant thereof. The Investigating Officer further submits that though the charge sheet in the matter has been prepared but the same has not been filed in view of the pandemic and states that there is no other victim in the matter.
The agreement between the parties placed on record as Annexure AA2 does not bear the date qua which counsel for the parties submit that the same could not be dated in view of the prevailing pandemic. In the interest of justice, in view of the settlement on record, it has been considered essential to examine the complainant to the FIR arrayed as respondent No.2 to the present petition who has testified to having signed the agreement annexed as Annexure AA2 voluntarily of her own accord without any duress, pressure or coercion from any quarter and states that the FIR was lodged on the basis of a misunderstanding.
On a perusal of the contents of the FIR, a specific Court query was put to the complainant in relation to any photographs of hers being circulated qua which she states that there is no circulation of her photographs any more. In as much as the petitioner has since apologized to her, the respondent No.2 who is a law graduate and a practicing advocate states that she has understood the implications of the statement made by her and that she has made her statement voluntarily of her own accord without any duress, pressure or coercion from any quarter.
On behalf of the State it has been submitted that in view of the settlement arrived at between the petitioner and the respondent No.2, there is no opposition to the prayer made by the petitioner seeking the quashing of Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:01.02.2022 12:58:56 This file is digitally signed by PS to HMJ ANU MALHOTRA.
the FIR No. 1373/2021 Police Station Sultan Puri registered under Sections 354A/354D/506 of the Indian Penal Code, 1860.
The respondent No.2 has also stated that the petitioner has since apologized to her. The petitioner in reply to a specific Court query has also stated that he has since apologized to respondent no.2 and shall not repeat any such act in relation to which the FIR was registered.
In view of the deposition of the respondent No.2, the identification of the petitioner and the respondent No.2 by the Investigating Officer and the non-opposition on behalf of the State and there being no reason to disbelieve the statement of the respondent No.2 that she has arrived at a settlement and thus she does not oppose the prayer made by the petitioner seeking the quashing of the FIR No. 1373/2021 Police Station Sultan Puri registered under Sections 354A/354D/506 of the Indian Penal Code, and that she has made her statement voluntarily of her own accord without any duress pressure or coercion from any quarter, it is considered appropriate to put a quietus to the litigation between them for maintenance of peace and harmony, the FIR No. 1373/2021 Police Station Sultan Puri registered under Sections 354A/354D/506 of the Indian Penal Code, 1860 against the petitioner is quashed subject to the petitioner depositing the costs of Rs.50,000/- with the Delhi State Legal Services Authority within a period of 5 days from the date of this order which, if not, deposited shall be recovered as revenue.
The petition is disposed of.
ANU MALHOTRA, J JANUARY 31, 2022/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:01.02.2022 12:58:56 This file is digitally signed by PS to HMJ ANU MALHOTRA.