Delhi High Court - Orders
Manoj Shokeen vs State (Gnct Of Delhi) And Anr on 20 April, 2022
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~122
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 847/2022
MANOJ SHOKEEN ..... Petitioner
Through: Mr. Pradeep Kumar Arya, Mr. Aditya
Yadav, Mr. Prateek Singh, Mr. Gaurav Chaudhary,
Advocates
versus
STATE (GNCT OF DELHI) AND ANR. ..... Respondent
Through: Mr. Sanjay Lao, SC with Mr. Karan
Jeet Rai, Advocate for State
Mr. Arun Rathi, Mr. Akshat Gupta, Advocates
SI Khushboo Yadav, NR-1, Crime Branch
S/V Manoj Shoukeen
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 20.04.2022 This is a petition filed seeking quashing of FIR No.370/2019 dated 08.08.2019 under Section 376/506 IPC at P.S- Paschim Vihar (West) and all other proceedings emanating out of the said FIR.
It is submitted that Mr. Gaurav Shokeen (son of the petitioner) has entered into an MoU dated 04.09.2021 with respondent No.2 pursuant to which all the cases filed by respondent No.2 are to be withdrawn.
The petitioner is present in Court who has been identified by Mr. Arya, learned counsel appearing for the petitioner.
Respondent No.2 is also present in Court who has been identified by Mr. Arun Kumar Rathi, learned counsel and ASI Khushboo Yadav, PS Crime Branch.
Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:22.04.2022 19:34:19The Hon'ble Supreme Court in 'Gian Singh vs. State of Punjab' [2012 10 SCC 303] has observed that offences like rape should not be permitted to be quashed by the High Court on the basis of the compromise.
However, the present case arises out of a matrimonial dispute. The parties have settled their disputes and have already obtained a decree of divorce on 04.12.2021.
This Court is exercising its jurisdiction under Section 482 CrPC to quash the FIR in view of settlement arrived at between the parties and in view of the fact that matrimonial disputes have been settled between the parties. Even though there was an allegation of rape against the father-in-law of the complainant, this Court is of the opinion that no useful purpose would be served in continuing the present proceedings.
Mr. Gaurav Shokeen shall remain bound by the MoU dated 04.09.2021.
As per the terms of the MoU, a sum of Rs. 60 lakhs was to be paid to respondent No.2 out of which Rs. 40 lakhs already stands paid. A Demand Draft (DD) of Rs. 20 lakhs bearing No. 023734 dated 28.02.2022 drawn on Canara Bank has been handed over to respondent No.2 today in Court.
The petitioner submits that he shall plant 500 trees near Najafgarh drain and will look after those trees for a period of 5 years.
The petitioner shall place on record a 6-monthly progress report with regard to the maintenance of those trees with photographs. The trees when planted should have a nursery life of 3 years.
The respondent on her part undertakes that she will do social service at old age home for a period of 30 days from 4 to 7 PM every day at Nirmal Chaya, Old Age Homes located at A18, Mandir Road, Chattarpur Road, Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:22.04.2022 19:34:19 Chattarpur, Delhi 110074.
Hence, in the interest of justice, the FIR No.370/2019 dated 08.08.2019 under Section 376/506 IPC at P.S- Paschim Vihar (West) and all other proceedings emanating therefrom are hereby quashed.
The petitioner shall comply planting the trees within a period of 3 months from today.
The respondent shall also do her social service within 3 months from today.
The parties shall file their compliance report in this regard. List for compliance on 16.08.2022.
JASMEET SINGH, J APRIL 20, 2022 / (MS) Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:AMIT ARORA Signing Date:22.04.2022 19:34:19