Delhi High Court - Orders
Abhishek Singh vs The State N.C.T. Of Delhi & Ors on 2 March, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3210/2021
ABHISHEK SINGH ..... Petitioner
Through: Petitioner in person with Mr.Navit
Bansal & Mr.Deepak, Advocates.
versus
THE STATE N.C.T. OF DELHI & ORS. ..... Respondent
Through: Ms.Manjeet Arya, APP for State with
SI Arvind Kumar, Police Station
Maurice Nagar.
R-2 is present through VC and R-3 in
person with Mr.Aamir Chaudhary,
Advocate for R-2 & 3.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 02.03.2022 The petitioner, Abhishek Singh vide the present petition seeks the quashing of the FIR No.53/2018, Police Station Maurice Nagar under Section 354D of the Indian Penal Code, 1860 submitting to the effect that a settlement has since been arrived at between the parties to the petition vide a settlement document dated 04.12.2021 and no useful purpose would be served by the continuation of the proceedings in relation to the present FIR in question.
The deputed Investigating Officer of the case SI Arvind Kumar, PS Maurice Nagar is present and has identified the petitioner, Mr.Abhishek CRL.M.C. 3210/2021 Page 1 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.03.2022 19:21:29 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Singh as being the sole accused arrayed in the FIR No.53/2018, Police Station Maurice Nagar under Section 354D of the Indian Penal Code, 1860. He has further stated that he has identified the respondent no.2 Ms. 'D' who has joined the proceedings through Video Conferencing as being the complainant of the said FIR and has also identified the respondent no.3 Ms. 'U' who is present today in Court as being the other victim.
The respondent nos. 2 & 3 in their depositions on oath in replies to specific Court queries by the Court have affirmed having signed the settlement document dated 04.12.2021 qua the settlement with the petitioner and stated that they have signed the same voluntarily of their own accord without any duress, coercion or pressure from any quarter. Both the respondent no.2 who has joined the proceedings through Video Conferencing and the respondent no.3 who is present today in Court stated that the complaint had been made in order to scare the petitioner but that they did not want to escalate the same into the FIR which had so escalated and that now due to the intervention of their family members, a settlement has since been arrived at between the parties to the petition. Both the respondent nos. 2 & 3 stated that they do not oppose the prayer made by the petitioner seeking the quashing of the FIR No.53/2018, Police Station Maurice Nagar under Section 354D of the Indian Penal Code, 1860 nor do they want the petitioner to be punished in relation thereto.
On behalf of the State, the learned APP for the State in the circumstances also does not oppose the prayer made by the petitioner seeking the quashing of the FIR in question.
Taking into account the depositions of the respondent nos. 2 & 3 who CRL.M.C. 3210/2021 Page 2 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.03.2022 19:21:29 This file is digitally signed by PS to HMJ ANU MALHOTRA.
are apparently well educated and capable of understanding the implications of the statements made by them, for maintenance of peace and harmony between the parties to the petition, it is considered appropriate to put a quietus to the litigation between the parties in relation to FIR in question against the petitioner.
In view thereof, the FIR No.53/2018, Police Station Maurice Nagar under Section 354D of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom against the petitioner, Abhishek Singh are thus, quashed.
The petition is disposed of accordingly.
ANU MALHOTRA, J MARCH 2, 2022 nc CRL.M.C. 3210/2021 Page 3 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.03.2022 19:21:29 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI 04 CRL.M.C. 3210/2021 ABHISHEK SINGH versus THE STATE N.C.T. OF DELHI & ORS. 02.03.2022 CW-1 SI Arvind Kumar, Police Station Maurice Nagar. ON S.A. I have been deputed to attend the proceedings qua FIR No.53/2018, Police Station Maurice Nagar under Section 354D of the Indian Penal Code, 1860.
I identify the petitioner who is present today in the Court as being the sole accused arrayed in the aforesaid FIR. I also identify the respondent no.2 Ms. 'D' who has joined the proceedings through Video Conferencing as being the complainant of the said FIR and I also identify the respondent no.3 Ms. 'U' as being the other victim.
RO & AC ANU MALHOTRA, J
02.03.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:03.03.2022
19:21:29
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI 04 CRL.M.C. 3210/2021 ABHISHEK SINGH versus THE STATE N.C.T. OF DELHI & ORS. 02.03.2022 CW-2 Ms. 'D', D/o Sh. Diwan Singh Dhami, aged 24 years, R/o Chandfarm Banbasa Canal Range, Canal Champawat, Uttrakhand- 262310.
ON S.A. The complaint had been made by us to the police station in order to scare the petitioner at that stage but we did not want to escalate into the FIR which had so escalated but a settlement has since been arrived at between me and the petitioner due to the intervention of my family members and that of the respondent no.3.
In view of the settlement arrived at between me and the petitioner vide a settlement document dated 04.12.2021 which I have signed voluntarily of my own accord without any duress, coercion or pressure from any quarter, I do not oppose the prayer made by the petitioner seeking the quashing of the FIR No.53/2018, Police Station Maurice Nagar under Section 354D of the Indian Penal Code, 1860 nor do I want him to be punished in relation thereto.
I have done B.A. in English Honours and I am presently serving as an Officer in the Indian Army.
I have made my statement after understanding its implications voluntarily of my own accord without any duress, coercion or pressure from any quarter and I do no need to think again.
RO & AC ANU MALHOTRA, J
02.03.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:03.03.2022
19:21:29
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI 04 CRL.M.C. 3210/2021 ABHISHEK SINGH versus THE STATE N.C.T. OF DELHI & ORS. 02.03.2022 CW-3 Ms. 'U', D/o Sh. Mohammad Nadeem, aged 23 years, R/o 2110 IIIrd Floor, Haj Manzil Turkman Gate, Darya ganj, Delhi-110002. ON S.A. The complaint had been made by us to the police station in order to scare the petitioner at that stage but we did not want to escalate into the FIR which had so escalated but a settlement has since been arrived at between me and the petitioner due to the intervention of my family members and that of the respondent no.2.
In view of the settlement arrived at between me and the petitioner vide a settlement document dated 04.12.2021 which I have signed voluntarily of my own accord without any duress, coercion or pressure from any quarter, I do not oppose the prayer made by the petitioner seeking the quashing of the FIR No.53/2018, Police Station Maurice Nagar under Section 354D of the Indian Penal Code, 1860 nor do I want him to be punished in relation thereto.
I have done B.A. in English Honours and I am presently working with the American Express.
I have made my statement after understanding its implications voluntarily of my own accord without any duress, coercion or pressure from any quarter and I do no need to think again.
RO & AC ANU MALHOTRA, J
02.03.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:03.03.2022
19:21:29
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.