Delhi High Court
Mr. Deepak Kumar vs State (Govt. Of Nct) Of Delhi & Anr. on 23 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 23.02.2024
+ CRL.M.C. 567/2024
MR. DEEPAK KUMAR. ..... Petitioner
Through: Ms.Tara Narula, Mr.Harshvardhan
Jain and Ms.Shivangi Sharma,
Advocates alongwith petitioner in
person.
versus
STATE (GOVT. OF NCT) OF DELHI & ANR. ..... Respondents
Through: Ms. Meenakshi Dahiya, APP for the
State with SI Ankur Kardam, PS Tilak
Nagar.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
1. Petition under Section 482 of the Code of Criminal Procedure, 1973
('Cr.P.C.') has been preferred on behalf of the petitioner for quashing of FIR
No.688/2018 under Sections 354/354D(2)/509/506 IPC registered at P.S.:
Tilak Nagar, Delhi and the proceedings emanating therefrom.
2. In brief, as per the case of the prosecution, present FIR was lodged on
complaint of respondent No. 2. She alleged that the petitioner (Deepak
Kumar) who was known to her started communicating with her through
mobile phone. Petitioner visited her house and started touching her
inappropriately on which she shouted. Consequently, petitioner fled from
the spot and thereafter shifted to his hometown at Badaun. Petitioner again
started calling her using different mobile phones and started talking in an
inappropriate manner. Present FIR was accordingly registered.
3. Learned counsel for the petitioner submits that the matter has been
amicably settled between the parties and FIR had been lodged on account of
misunderstanding between the parties. It is also submitted that both the
petitioner and complainant wish to move forward in life and proposal for
marriage is under consideration.
4. Learned APP for the State submits that in view of amicable settlement
between the parties, the State has no objection in case the FIR in question is
quashed.
5. Petitioner as well as respondent No. 2 in person have been identified
by SI Ankur Kardam, PS: Tilak Nagar. I have interacted with the parties and
they confirm that the matter has been amicably settled between them without
any threat, pressure or coercion. Respondent No. 2 also states that nothing
remains to be further adjudicated upon between the parties and she has no
objection in case the FIR in question is quashed.
6. Petitioner in the present case seeks to invoke the powers under Section
482 of Code of Criminal Procedure. The same is to be used to secure the
ends of justice or to prevent the abuse of process of any Court. In which
cases, the power to quash the criminal proceedings or the complaint or FIR
may be used when the offender as well as victim have settled their dispute,
would depend upon the facts and circumstances of each case and no
generalised list or categories can be prescribed. However, the Court is
required to give due regard to the nature and gravity of the offence and
consider the impact on the society.
7. Parties intend to put quietus to the proceedings and move forward in
life. Considering the facts and circumstances, since the matter has been
amicably settled between the parties, no useful purpose shall be served by
keeping the case pending. Continuation of proceedings would be nothing but
an abuse of the process of Court. Consequently, FIR No.688/2018 under
Sections 354/354D(2)/509/506 IPC registered at P.S.: Tilak Nagar, Delhi and
the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending application, if any, also
stands disposed of.
A copy of this order be forwarded to learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 23, 2024/v
