HARKESH KUMAR vs STATE GOVT. OF NCT OF DELHI AND ANR.
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 14.02.2024
+ CRL.M.C. 676/2024
HARKESH KUMAR ….. Petitioner
Through: Mr.Rishabh Gulati and Mr.Tribhuwan Rathi, Advocates with Petitioner-in-person.
versus
STATE GOVT. OF NCT OF DELHI & ANR. ….. Respondents
Through: Ms.Kiran Bairwa, APP with SI Sandeep Yadav, PS: DBG Road.
Mr.Mayank Bhargava, Advocate with Respondent No. 2-in-person.
CORAM:
HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% J U D G M E N T
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 2761/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 676/2024
1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been preferred on behalf of the petitioner for quashing of FIR No. 188/2019, under Section 509 IPC registered at P.S.: DBG Road and proceedings emanating therefrom. Sections 354/506 IPC have been subsequently invoked by the prosecution.
2. Issue notice. Learned APP for the State and learned counsel for respondent No.2 alongwith respondent No.2 in person appear on advance notice and accept notice.
3. In brief, as per the case of the petitioner, respondent No.2 is niece of the petitioner and on the alleged date of the incident, in a fit of anger, petitioner is alleged to have abused and touched the complainant inappropriately, as a result of which, present FIR was registered.
4. The matter is stated to have been amicably resolved between the parties vide Settlement Deed dated 07.10.2023 with the intervention of family members and close relations as the disputes pertain to minor issues.
5. Learned APP for the State submits that in view of amicable settlement between the parties, the State has no objection in case the FIR in question is quashed.
6. Petitioner as well as respondent No. 2 are present in person and have been identified by SI Sandeep Yadav, PS: DBG Road. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 states that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.
7. Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. It would be nothing but an abuse of the process of Court. Consequently, FIR No. 188/2019, under Sections 509/354/506 IPC registered at P.S.: DBG Road and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.
A copy of this order be forwarded to the concerned Court for information.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 14, 2024/v
CRL.M.C. 676/2024 Page 1 of 2