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HIGH COURT OF DELHI
CRL.M.C. 5080/2022
NARESH GULIYA @ NARESH SINGH ..... Petitioner
Through: Mr.Anil Tomar, Adv.
…Respondents
Through: Mr. Hemant Mehla, APP for the State with SI Wikhon Pamai, PS
Malviya Ngar.
Mr. Pravesh Singhal, Adv. for R- 2.
Date of Decision: 25th April, 2023
JUDGMENT
Exemption allowed subject to just exceptions.
1. This is a petition filed under Section 482 of Cr.P.C. for quashing of FIR No. 360/2019, dated 02.12.2019, registered under sections 354/509/506 Indian Penal Code, 1860, at PS Malviya Nagar and all consequential proceedings emanating therefrom.
2. Briefly stated facts of the case are that the above-mentioned FIR was lodged on the statement of respondent No. 2 alleging therein that the petitioner herein has sexual harassed her on several occasions. It is alleged that the Petitioner herein has made threats to her of picking her up from her house, has abused her and made dirty gestures to her.
3. However, it is submitted that now the parties have reached at a settlement vide settlement deed dated 22.04.2022. The same has been placed on record.
4. The terms and conditions of the compromise/settlement dated 22.04.2022 are as follows-
5. Complainant is present in the Court and submits that the petitioner is a member of her close family and with the intervention of the elders, she has reached on the settlement voluntarily without any fear, force and coercion.
6. It has been repeatedly held by the Apex 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.
7. However, though this court does not encourage such trend of getting FIR lodged with such allegations and then approaching the judicial system for getting the same quashed as it not only burdens the judicial system but also sends out a wrong message. But the facts of this case are peculiar in nature as the parties are closely related to each other. The Court considers that in such circumstances further continuance of these proceedings will further damage the close relations.
8. In the view of the above facts and circumstances the case FIR NO. 360/2019, dated 02.12.2019, registered under sections 354/509/506 Indian Penal Code, 1860, at PS Malviya Nagar and all consequential proceedings emanating therefrom is quashed subject to the cost of Rs.30,000/- to be deposited within four weeks with the DLSA.
9. The present petition is disposed of.
DINESH KUMAR SHARMA, J APRIL 25, 2023