Delhi High Court - Orders
Mukesh vs State And Another on 4 November, 2022
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2022/2022
MUKESH ..... Petitioner
Through: Ms. Vaishali Singh, Mr. R. K. Happy,
Mr. B. K. Mishra, Advocates
versus
STATE AND ANOTHER ..... Respondent
Through: Mr. Sachin Mittal, ASC with Mr.
Alok Sharma, Mr. Abhishek Tyagi,
Mr. Nishant Chauhan, Advocates for
State with SI Gaurav Yadav, P.S.
Nand Nagri, Delhi
Mr. Saurabh Verma, Advocate for R-
2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 04.11.2022
1. The present petition is filed under Article 226 of the Constitution read with Section 482 Cr.P.C. for quashing of FIR bearing no.322/2018 registered under sections 354/354D IPC at P.S. Nand Nagri.
2. The perusal of FIR bearing no.322/2018 reflects that it was got registered on the basis of the complaint made by the respondent no.2 pertaining to the incident as stated in the FIR. The charge-sheet has already been filed and the trial is stated to be pending in the Court of Ms. Aishwarya Singh Kashyap, MM-03, District East, Shahdara, Kadkadooma Courts, Delhi.
Signature Not Verified Digitally Signed By:JITENDRA Signing Date:14.11.2022 18:08:353. The counsel for the petitioner stated that the petitioner and the respondent no.2 have settled their disputes vide Settlement Deed dated 05.08.2022 whereby the respondent no.2 has agreed not to pursue with the judicial proceedings arising out the present FIR bearing no. 322/2018 registered under sections 354/354D IPC at P.S. Nand Nagri out of her own free will without any force, fear and coercion. The counsel for the petitioner also stated that the respondent no.2 got married in the month of May, 2022 and at present she is staying in Hugli, Karnataka due to Government job and she has recently been appointed.
4. The respondent no.2 also stated that she does not have any objection if the present petition if allowed and FIR bearing no. 322/2018 registered under sections 354/354D IPC at P.S. Nand Nagri is quashed.
5. The Additional Standing Counsel for the respondent no.1/State opposed the present petition by pleading that the petitioner is a habitual offender and the FIR pertains to offences punishable under sections 354/354D cannot be quashed on the basis of the Settlement between the parties.
6. The respondent no.2 who is the complainant of the present FIR is already married and at present is staying in Hugli, Karnataka due to new Government job. The respondent no.2 out of her own free will without any force, fear and coercion has agreed not to pursue the judicial proceedings arising out of FIR bearing no. 322/2018. The petitioner and respondent no.2 also expressed their desire to burry their differences and live peacefully in future.
7. After considering all facts and circumstances and in the interest of justice, the present petition is allowed and FIR bearing no. 322/2018 Signature Not Verified Digitally Signed By:JITENDRA Signing Date:14.11.2022 18:08:35 registered under sections 354/354D IPC at P.S. Nand Nagri is quashed alongwith consequential proceedings including judicial proceedings.
8. The present petition algonwith pending applications, if any, stands disposed of.
SUDHIR KUMAR JAIN, J NOVEMBER 4, 2022/j/sd Signature Not Verified Digitally Signed By:JITENDRA Signing Date:14.11.2022 18:08:35