Delhi High Court
Anupam Bali vs The State & Anr on 28 August, 2017
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 944/2017
ANUPAM BALI ..... Petitioner
Through: Ms. Priyanka Bharihoke, Advocate with
Ms. Asha Advocate along with petitioner in
person.
versus
THE STATE & ANR ..... Respondents
Through: Ms. Aashaa Tiwari, APP for the State
with SI Rambriksh, P.S. Kalkaji Mandir, Delhi.
Mr.Harsh Prabhakar, Advocate with Mr.Anirudh
Tanwar, Advocate for R-2 along with respondent
No.2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 28.08.2017
1. Status report has been filed.
2. Respondent No.2 is being represented by her counsel. She is duly
identified by the SI Ram Briksh.
3. The petitioner has approached this court under Section 482 of the
Code of Criminal Procedure, 1973 (in short 'Cr.PC') for quashing of
the FIR bearing No.121/2015, registered against him on 16.11.2015
with Police Station Kalka Ji Mandir Metro, Delhi under Section
354D/341 IPC on the complaint of respondent No.2.
4. On making reference by the learned MM, Mahila Court, Saket, New
Delhi, the petitioner and the respondent No.2 appeared before the
learned Mediator, Delhi Mediation Centre, Saket Courts, New Delhi.
On 31.01.2017, they have amicably resolved and settled all their
disputes. The petitioner had tendered unconditional apology to the
respondent No.2 which was accepted by her. The petitioner assured
the respondent No.2 that such incident would never be repeated in
future.
5. The terms and conditions as recorded by the learned Mediator on
31.01.2017 are as under:-
"1. The second party Shri Anupal Bali Kumar has tendered
unconditional apology to the first party Ms. Komal Kharbanda
which is accepted by the first party.
2. It is undertaken by the second party that the incident of
the present matter will not be repeated by him in future.
3. It is also agreed that the first party will make necessary
statement before the learned referral court in favour of the
above-named second party for consideration of the learned
court whereafter the learned court may pass appropriate orders
in the matter and/or for quashing of FIR.
4. It is also agreed that in the event of parties' moving
before Hon'ble High Court of Delhi for quashing of the
present FIR, the said petition will be filed by the second party
within two months from today entirely at his own cost and
expenses. It is agreed that the first party will cooperate the
second party at all stages and will also appear before Hon'ble
High Court of Delhi for making necessary statements as and
when required by the court.
5. It is also agreed that no amount is being paid by the
second party to the first party in connection with the present
matter and/or on account of litigation expenses and
otherwise."
6. The respondent No.2 present in the Court states that she has amicably
settled the matter with the petitioner. She submits that in view of the
settlement, she does not want to pursue the said FIR. She further
submits that the said FIR may be quashed.
7. The petitioner present in the court undertakes that he shall not repeat
such behaviour in future. His undertaking is hereby accepted.
Learned counsel for the petitioner has relied upon the judgment of this
Court in the case of "Mukesh Vs. State (Govt. of NCT of Delhi),
2017 SCC Online 8063" wherein the FIR involving offence u/s 354-
D of IPC was quashed by this Court on the basis of settlement.
8. Learned APP through the I.O. submits that the charge sheet has been
filed but charges have not been framed against the petitioner.
9. In the circumstances, when the matter has been settled between the
parties, no purpose would be served in further pursuing with the said
FIR. Hence, to secure ends of justice, the FIR bearing No.121/2015,
registered on 16.11.2015 with Police Station Kalka Ji Mandir Metro,
Delhi under Section 354D/341 IPC and proceedings arising out of the
same are hereby quashed.
10. The petition is disposed of accordingly.
11. Dasti.
VINOD GOEL, J.
AUGUST 28, 2017
"sandeep"
