Himanshu Verma v. State(Govt of NCT of Delhi) and Anr

J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

¶1Present petition has been filed under section 482 Cr.P.C seeking quashing of FIR No. 126/2019 registered under section 354 PC at PS Krishna Nagar.

¶2Briefly stated facts of the case are that the present FIR was lodged at the statement of Respondent no.2/complainant alleging therein that while she was returning from her workplace the complainant came on a motorcycle molested her and ran away. The complainant alongwith her father chased the petitioner and on catching hold of him the petitioner started abusing them. Police arrived on the scene when the PCR call was made. Thereafter, the present FIR was lodged.

¶3However, it is submitted that now, with the intervention of respectable members of the society, the parties have settled all their disputes vide Settlement deed dated 18.04.2022.

¶4The terms and conditions of the Settlement/Compromise Deed dated

18.04.2022 are as follows: "1.That both the parties have settled all their claims and have cleared their misunderstanding, in future both the parties shall have no grievances against each other and shall not repeats the past conduct of anyone, both the parties shall make the harmony in the society. 2 That the accused/ second party shall not file any defamation against the first party and shall not claim any of the right in future. 3 That both the parties shall file their quashing petition jointly and the first party shall sign all the documents which are required for filing the quashing petition i.e. affidavit etc. 4 That there is no exchange of money between the parties in any manner. 5 That the compromise /settlement has been arrived with the consent/ free will of both the parties and both the parties have not been compelled by any of the party or from their side in any manner and both the parties compromised the matter by their own only to make the harmony in the society."

¶5Respondent No.2/complainant is present in person and states that she has entered into the settlement voluntarily without any fear force or coercion.

¶6IO has duly identified the parties.

¶7Learned counsel for the petitioner submits that there is no previous involvement of the petitioner in any case and the same has been verified by the IO.

¶8Learned Counsel further submits that since the parties have entered into an amicable settlement the present petition may be allowed and the present FIR alongwith all the other proceedings emanating therefrom may be quashed.

¶9I have heard the submissions.

¶10It has been repeatedly held by the Hon'ble Supreme Court and this court that when the chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, and where the court may be of the opinion that a settlement between the parties would lead to better relations between them, the court may exercise power under section 482 CrPC for quashing the proceedings or the complaint or the FIR as the case may be.

¶11I consider that there would be no purpose of continuing with the proceedings. The parties have amicable settled the matter. In view of the settlement deed along with the facts and circumstances of the case FIR No. 126/2019 registered under section 354 PC at PS Krishna Nagar along with all the other proceedings emanating therefrom is quashed.

¶12The present petition is disposed of.

DINESH KUMAR SHARMA, J MAY 9, 2023 Pallavi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + HIMANSHU VERMA ..... Petitioner Through: Mr. Ujwal Ghai, Adv. versus STATE(GOVT OF NCT OF DELHI) AND ANR. ..... Respondents Through: Mr. Amit Sahni, APP for the State with WSI Pista Sharma PS Krishna Nagar. Mr. Anil Kumar, Adv. for R-2 % Date of Decision: 9th May, 2023. CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA