Vikas & Ors v. State (NCT of Delhi) & Anr

Delhi High Court · 29 Jul 2015 · 2015:DHC:11242
Indermeet Kaur
CRL.M.C. 2998/2015; CRL.M.C. 3007/2015
2015:DHC:11242
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed two FIRs under various IPC sections based on a compromise between the parties, subject to payment of costs, despite investigation progress.

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$-26 & 28 HIGH COURT OF DELHI
CRL.M.C. 2998/2015
VIKAS & ORS Petitioners
Through Mr.R.K.Bachchan, Advocate along with petitioners.
VERSUS
STATE (NCT OF DELHI) & ANR Respondents
Through Mr.Pramod Saxena, APP along with SI Manjeet.
Complainant in person.
CRL.M.C. 3007/2015
VIKAS & ORS Petitioners
Through Mr.R.K.Bachchan, Advocate along with petitioners.
VERSUS
STATE (NCT OF DELHI) & ORS Respondents
Through Mr.Pramod Saxena, APP along with SI Manjeet.
Complainant in person.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
29.07.2015 These are two petitions seeking quashing of two FIRs i.e. FIR
No.293/2013 registered under Sections 354/354A/354D/325/323/34 of
2015:DHC:11242 the IPC on the complaint of respondent no.2 "K" and the second FIR no. 10/2015 registered under Sections 323/354/506/34 of the IPC on the version of the same complainant namely "K"; both at police station
Sarswati Vihar.
Parties are living in the same vicinity. Record discloses that the petitioner had been bothering respondent no.2 not only in the year 2013 but this botheration has continued till 2015. As a result of which the aforenoted two FIRs have been got registered against the petitioner.
Complainant/respondent no.2 is present in person. Her presence has been identified by the Investigating Officer. She endorses the statement of the learned counsel for the petitioner that the petitioner no.l is now to get married and she has forgiven him for his unbecoming attitude. She has no objection if the presentpetitions are permitted to be quashed. In fact a compromise deed has been duly signed by the parties in boththe two petitions separately. The same has been perused.
Respondent no.2 is accompanied by her maternal uncle today. He also endorses the submission made by respondent no.2. The parents of respondent no.2 have not been able to come to Court as they were not feeling well. Learned Public Prosecutor under instructions of the
Investigating Officer submits that in FIR No.293/2013 challan has already been filed and investigation has progressed in FIR No.10/2015 and the statement of the witnesses has been recorded. If at all the prayers made in the petitions are granted it should be subject to heavy costs.
Noting the aforenoted factual matrix as also the background in which these proceedings had emanated and the respondent no.2 having made a categorical statement that she has forgiven the petitioner no.l who is to enter into a new chapter of his life as he intends to get marry to other person and the respondent no.2 is also willing to start her own life, subject to payment of Rs.50,000/- as costs (in both petitions), out of which Rs.40,000/- shall be paid to the respondent no.2 and Rs. 10,000/- shall be deposited in the account of the Juvenile Justice Board maintained with the UCO Bank, Delhi High Court Branch, FIR
No.293/2013 registered under Sections 354/354A/354D/32'5/323/34 of the IPC and the FIR no.10/2015 registered under Sections
323/354/506/34 of the IPC; both at police station Sarswati Vihar as also all the proceedings emanating therefrom stand quashed.
Cost be paid within two weeks from today.
Petitions disposed of INDERMEET KAUR, J JULY 29, 2015 ndn
JUDGMENT