Happy Kumar v. State & Ors.

1. The petitioner has filed Crl.M.C.No.2852/2013 under Section 482 of the Cr.PC praying inter alia for quashing of FIR No.475/2012 lodged by the respondent No.2/complainant against him under Sections 341/509/354 IPC with PS Nand Nagri, and all the proceedings arising therefrom. CRL.M.C. 2852/2013 &W.P.(CRL) 1175/2013 Page 1of 6 2013:DHC:7540 M

2. CrI.M.C.No.1175/2013 has been filed by the petitioner under Section 482 of the Cr.PC praying inter alia for quashing of FIR No.361/2013 lodged by the respondent No.2/complainant against him under Sections 323/452/506 IPG with PS Nand Nagri, and all the proceedings arising therefrom.

3. The allegations levelled in FIR No.475/2012 registered on the complaint of the respondent No.2/complainant, who at that point in time was astudent of B.Com 1^' Year in Delhi University, were that the petitioner and his mother used to frequently quarrel with her and her family members without any reason and they used to abuse them. It is alleged that on the date of the incident, the petitioner herein had inappropriately touched the respondent No.2/complainant, who was compelled to make a complaint against him.

4. While the proceedings arising from the aforesaid FIR were pending, the respondent No.2/complainant filed another complainant against the petitioner, subject matter of FIR No.361/2013, stating inter alia that on 17.7.2013, when she was returning home from the court after attending to the case arising out of the earlier FIR lodged at her instance, the petitioner had barged into her house and started to pressurize her to withdraw the said case. Thereafter, he had a, CRL.M.C. 2852/2013 &W.P.(CRL) 1175/2013 2of 6 heated argument with the respondent No.2/complainant and her brother.

5. Counsel for the petitioner states that during the pendency of the present proceedings, the parties have arrived at a settlement as recorded in the Settlement Deed dated 20.7.2013 (Annexure-B). He states that the petitioner has duly apologized to the respondent No.2/complainant and her family members. He further states that the petitioner and his mother l^ls. Jugrani undertake that they shall maintain good conduct in future and shall not indulge in any such activities as have been mentioned in the subject FIRs. To show his bona fides, the petitioner is ready and willing to suffer costs and undertake some community.

6. The respondent No.2/complainant, who is present in Court, confirms the aforesaid position and states that as she has arrived at a negotiated settlement with the petitioner, as recorded in the Settlement Deed dated 20.7.2013, of her own free will and she does not wish to pursue the present FIRs any further.

7. Learned Standing Counsel (CrI.) for the State submits, on instructions from the 10, that after the investigations had been completed in both the cases, charge-sheets were filed and the cases CRL.M.C. 2852/2013 &W.P.(CRL) 1175/2013 ^ ® are at the stage of recording of evidence. He states that the State has verified the antecedents of the petitioner. The petitioner has been acquitted in two cases filed against him, one for gambling and another under Sections 279 and 338 IPG. He confirms the fact that the parties have arrived at a negotiated settlement. However, he states that as valuable manhours of the police have been spent on pursuing the present cases, if the Court is inclined to allow the present petitions, then costs may be imposed on the petitioner.

8. Having regard to the fact that the parties are neighbours and have arrived at an amicable settlement of their own free will and volition and without any undue influence or coercion from any quarter, this Court is of the opinion that no useful purpose will be served by proceeding further with the aforesaid FIRs and the proceedings arising therefrom.

9. Accordingly, the prayers made in the petitions are allowed. FIR No.475/2012 and FIR No.361/2013, both lodged by the respondent No.2/complainant with PS Nand Nagri, Delhi, and all proceedings arising therefrom are quashed, subject to the following conditions:

(i) The petitioner and his mother Ms. Jugrani shall file their respective affidavits tendering an unqualified apology to the CRL.M.C. 2852/2013 &W.P.(CRL) 1175/2013 Page 4of[6] respondent No.2/complainant. They shall additionally undertake that they shall maintain good conduct in future and shall not indulge many such activities as have been mentioned in the subject FIRs. The aforesaid affidavits shall be filed within one week, with an advance copy to the respondent No.2/complainant as also to the learned Standing Counsel (CrI.) for the State.

(ii) The petitioner shall pay costs of ?20,000/- out of which amount, one set of costs of ?10,000/- shail be paid to the respondent No.2/complainant and another set of costs of aO.OOO/- shaii be deposited with the Delhi Police Welfare Society.

(iii) The aforesaid costs shall be paid within aperiod of two weeks and proof of deposit shall be placed on record with copies furnished to the learned Standing Counsel (CrI.) for the State.

(iv) As the petitioner offers to render social service at Nasha Mukti

Kendra, affiliated to St. Stephen Hospital, F-2 Block Community Centre, near P.P. Sundri Nagri, Nand Nagri, Delhi, he shall report to the Director/Manager of the concerned institution, within two weeks to undertake duties as may be assigned to him once aweek or for four hours every month. He shall continue to render such service for a period of one year. CRLM.C. 2852/2013 &W.P.(CRL) 1175/2013 5or[6]

(v) The Probation Officer of the concerned area shall ensure that the petitioner effectively discharges the duties undertaken by him towards the aforesaid institution. The Director/Manager of the institution shall forward a quarterly report of the petitioner to the Probation Officer/SHO of the area, confirniing the fact that he has been duly complying with the order. In case of any absenteeism/default on the part of the petitioner, the same shall be conveyed immediately by the said institution to the Probation Officer/SHO of the area, who shall in turn inform the learned Standing Counsel (Crl.) for the State, for bringing the same to the notice of the Court and for seeking recall of the orders passed today.