Anuj Sharma v. State (Govt of NCT of Delhi) & Anr

Delhi High Court · 07 Sep 2017 · 2017:DHC:8065
A. K. Pathak
CRL.M.C. 3626/2017
2017:DHC:8065
criminal appeal_allowed

AI Summary

The Delhi High Court quashed two FIRs under Sections 354D and 509 IPC against the petitioner following an amicable settlement and pardon by the complainant.

Full Text
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$-40 & 41 HIGH COURT OF DELHI
CRL.M.C. 3626/2017
ANUJ SHARMA Petitioner
Through Mr. Manoj Pant, Advocate with petitioner in person
VERSUS
STATE (GOVT OF NCT OF DELHI) &ANR Respondents
Through Mr. GMFarooqui, APP for the State with SI Harbir Singh, PS R K Puram
Ms. Cham Dalai and Mr. Devender Dedha, Advocates for Complainant / respondent no.2 with complainant in person
CRL.M.C. 3627/2017
ANUJ SHARMA Petitioner
Through Mr. Manoj Pant, Advocate with petitioner in person
VERSUS
STATE (GOVT OF NCT OF DELHI) &ANR Respondents
Through Mr. GMFarooqui, APP for the State with SI Harbir Singh, PS R K Puram
Ms. Cham Dalai and Mr. Devender Dedha, Advocates for Complainant / respondent no.2 with complainant in person
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
ORDER o/o 07.09.2017 Petitioners have prayed for quashing ofthe following FIRs.-
2017:DHC:8065 V a) FIR No.17/2016 under Sections 354D/509 IPG registered at PS R
K Puram; and b) FIRNo.941/2015 under Sections 354D/509 IPG registered at PS R
K Puram Petitioner (accused) and respondent no.2 (complainant) are the same in both the FIRs and were neighbours at the relevant time. On
IS^'' November, 2015, respondent no.2 lodged a complaint stating therein that petitioner used to follow her whenever she went out. She scolded her so many times but he continued to stalk her. On 18""
November, 2015 at about 3:00 PM when she returned home, she found petitioner standing near her house and staring her. She called her mother who scolded the petitioner upon which the petitioner used filthy language. Respondent no.2 again lodged the FIR wherein she stated that on f"" January, 2016 at about 11:00 AM when she was going for some urgent work, the petitioner came in his car and continuously blew horn and stopped her and made obscene gestures.
It is submitted that the petitioner has now apologised for his actions and respondent no.2 has pardoned him. Memorandum of
Understanding dated 20'^ August, 2017 has also been executed between petitioner and respondent no.2 and petitioner has also compensated the respondent no.2 towards mental trauma faced by her, by paying ^50,000/- today incourt.
Keeping in mind that petitioner and respondent no.2 have settled their disputes and in the interest of justice, both the FIRs i.e. FIR
No.17/2016 under Sections 354D/509 IPG registered at PS R K
> Puram and FIR No.941/2015 under Sections 354D/509 IPG registered at PS R K Puram and the consequent proceedings emanating therefrom are quashed.
Petitions are disposed of in the above terms. Miscellaneous applications, ifany, are disposed ofas infructuous.
Dasti.
SEPTEMBER 07, 2017 sm .K. PATHAK, J.
JUDGMENT