Ravi Singh Bankura v. Govt of NCT of Delhi & Anr

Delhi High Court · 25 Aug 2017 · 2017:DHC:4830
Vinod Goel
Crl.M.C. 3376/2017
2017:DHC:4830
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 354, 365, and 323 IPC following an amicable settlement between the parties, exercising its inherent powers under Section 482 Cr.P.C.

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Crl.M.C. 3376/2017 HIGH COURT OF DELHI
CRL.M.C. 3376/2017
RAVI SINGH BANKURA ..... Petitioner
Through: Mr.Sunil Kumar, Advocate along with petitioner in person.
VERSUS
GOVT OF NCT OF DELHI & ANR ..... Respondents
Through: Ms.Aashaa Tiwari, APP for State with W/SI Pinki Dhania, PS Kapashera, Delhi.
Mr. Nitin Panwar, Advocate for R-2 along with respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL O R D E R 25.08.2017
Crl.M.A. 13777/2017 (exemption)
Exemption allowed subject to all just exceptions.
Application is disposed of.
JUDGMENT

1. Notice. Learned APP for the State, who appears on an advance copy, accepts the notice.

2. Notice to respondent No.2 also. She is present and accepts the notice. She is duly identified by the IO W/SI Pinki Dhania.

3. The petitioners has moved this court under Section 482 of the 2017:DHC:4830 Code of Criminal Procedure, 1973 (in short ‘Cr.PC’) for quashing of the FIR bearing No. 178/2017, registered on 12.05.2017 with Police Station Kapashera, Delhi, under Sections 354/365/323 of IPC on the complaint of respondent No.2.

4. As per the allegations, the complainant had hired a Taxi driven by the petitioner, who diverted the route and started driving at high speed. The petitioner touched the respondent no.2 inappropriately and slapped her 3-4 times.

5. It is submitted that the parties had amicably settled the matter by executing a settlement dated 21.08.2017. Respondent No.2 submits that since the matter has been settled with the petitioner, she does not want to pursue the FIR. She submits that the said FIR may be quashed.

6. Learned APP through the IO submits that the charge sheet in the matter has been filed.

7. In the facts and circumstances of the case, since the matter has been amicably settled between the parties, no purpose would be served in further pursuing with the said FIR. Hence, in the facts and circumstances of the case and to secure ends of justice, FIR bearing No. 178/2017, registered on 12.05.2017 with Police Station Kapashera, Delhi, under Sections 354/365/323 of IPC and proceedings arising out of the said FIR are hereby quashed subject to the petitioner depositing a sum of Rs.20,000/- as cost with the Prime Minister’s Relief Fund within a period of four weeks from today. Copy of receipt be filed within two weeks thereafter and copy of the same be also supplied to the IO.

8. The petition is disposed of accordingly.

9. Order dasti VINOD GOEL, J. AUGUST 25, 2017 “shailendra”