Full Text
HIGH COURT OF DELHI
CRL.M.C. 182/2011 and CrI.MA 772/2011
AMIT SAHNI Petitioner
Through: Mr. Rahul Garg, Advocate with petitioner in person.
Through: Mr. Navin Sharma, APP for the State Mr. Satvinder Singh, Advocate with respondent
No.2 in person.
24.01.2011
ORDER
1. The present petition is filed by the petitioner under Section 482 of the Cr.PC praying inter a/ia for quashing of FIR No.49/2010, lodged by respondent No.2/complainant against the petitioner under Sections 323/354 IPC, registered with Police Station: C.R. Park, New Delhi, and all the proceedings arising therefrom.
2. Counsel for the petitioner states that the basis of the FIR is Sk an incident, which took place on 13.03.2010 at about 1:30 AM in the night, when respondent No.2/complainant claims that she had gone to attend a party with the petitioner, who is her friend and they had consumed excessive liquor there. On the way back, the parties CRLM.C. 182/2011 1/3 2011:DHC:12172 entered into an altercation. It is the case of respondent No.2/complainant that in the course of the altercation, the petitioner physically assaulted her.
3. It is now stated that after the FIR was lodged, with the intervention of well wishers and friends, the parties have arrived at a settlement as recorded in the Compromise Deed dated 20.01.2011. Counsel for the petitioner states that in view of the settlement, the present petition may be allowed and the FIR may be quashed.
4. Respondent No.2/complainant is present in Court and is represented by her counsel. She confirms having arrived at a settlement with the petitioner of her own free will and volition and without any undue influence or coercion from any quarter. She further states that now that the compromise has been arrived at, she has no objection to the FIR being quashed.
5. Learned APP for the State submits that after completion of investigation, charge-sheet has been filed and the matter is pending trial. However, in view of the settlement arrived at between the parties, he has no objection to the prayer made in the present petition being allowed.
6. This Court has heard counsels for the parties. Having regard to the facts and circumstances of the present case and CRL.M.C. 182/2011 2/3 considering the fact that both, the petitioner and respondent No.2/complainant are young in age and have expressed their contrition, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom.
7. Accordingly, the prayer made in the petition is allowed. FIR No.49/2010, lodged by respondent No.2/complainant with Police Station: C.R. Park, New Delhi, and all proceedings arising therefrom are quashed.
8. The petition is disposed of alongwith the pending application. File be consigned to the record room. HIMA KOHLI,J JANUARY 24, 2011 rkb