Shivaji Tari & Anr v. State of NCT of Delhi & Anr

O R D E R %

06.11.2024

¶1This petition has been filed seeking quashing of FIR No.245/2016 under Sections 354A/506/509/34 IPC registered at P.S. Okhla Industrial Area, Delhi, based on a settlement arrived at between the parties on 14th August, 2024, which is on record.

¶2Petitioners No.1 - 2 and respondent No.2 (complainant) are present in the Court and have been duly identified by the Investigating Officer and the respective counsels. Respondent No.2 states that she has no objection in quashing the FIR.

¶3APP for the State states that the charge under Section 354A IPC has been framed against petitioner no.1 whereas charges under Sections 506/34 This is a digitally signed order. IPC have been framed against petitioner no.2. The present FIR is of 2016 and the allegations which were made related to the harassment to respondent No.2 during her employment.

¶4Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer.

¶5Considering that the FIR is of 2016, a cost of Rs.25,000/- each will be paid to respondent No.2 in her designated account, viz. A/c No. 89830100004007, IFSC Code: BARBOVJBCPL, Bank of Baroda, Branch: Bhikaji Cama Place, Delhi-110066. The details of the said account will also be shared by the counsel for the complainant to the counsel for petitioners. The said cost will be deposited within two weeks from today. Affidavit of compliance to be placed on record within 2 weeks thereafter.

¶6Parties shall abide by the terms of settlement.

¶7Accordingly, subject to deposit of the cost, the FIR No. 245/2016 under Sections 354A/506/509/34 IPC registered at P.S. Okhla Industrial Area, Delhi, stands quashed with all consequential proceedings emanating therefrom.

¶8The petition stands disposed of along with pending application.

¶9Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 6, 2024 DU/ tk This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8695/2024 & CRL.M.A. 33234/2024 SHIVAJI TARI & ANR. .....Petitioners Through: Mr. Vikrant Choudhary and Mr.Rishab Bariya, Advocates along with Petitioners No.1 and 2 in person. versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP for State with Insp. Shailender Singh, SI Ashish Kumar, PS O.I.A. Ms. Shobhana Aggarwal, Advocate for R2/Complainant along with Complainant in person. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL