The High Court of Delhi allowed the petition for quashing the FIR on the basis of a voluntary mediation settlement between the petitioner and the complainant, finding no duress and noting the lack of objection from the State.
The FIR No.43/2014 and all consequential proceedings emanating therefrom are quashed.
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THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through: Mr. Panna Lal Sharma, APP for State with SI Devender, PS Dabri Mr.___Advocate, for R-2 with Respondent No.2 in person.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
Learned counsel appearing for the respondent no.2 seeks to submit his vakalatnama on record within a week.
Respondent No.2 is present.
The Investigating Officer of the case is present and has identified the petitioner and the respondent No.2 and her spouse.
Vide the present petition, the petitioner seeks quashing of the FIR No.43/2014, under Sections 354/354D/354B/506/509 Indian Penal Code, 1860, Police Station Dabri in view of the settlement.
The respondent No.2 on her examination by the Court testified having sworn her affidavit EX.CW-2/A annexed to the petition and having signed the mediation settlement dated 17.11.2015 of the settlement arrived at between the petitioner and her at the Mediation Centre, Dwarka Courts voluntarily of her own accord without any duress, pressure or coercion from any quarter. The certified copy of which is EX.CW-2/B.
The Investigating Officer of the case is present and has identified the petitioner and the prosecutrix Ms.X and the spouse of the
prosecutrix/respondent No.2 as being the complainant of the FIR No.43/2014, under Sections 354/ 354B/ 354D/ 509/ 506 IPC, 1860, Police Station Dabri. The original Aadhaar Card of the petitioner bearing No.992398691962, is Ex.CW-1/A
The respondent No.2 is apparently educated to the extent that she can make a statement of her own inasmuch as she has stated that she has studied till standard 12th and she is a mother of a child of age 4 years. The spouse of the respondent No.2 is also present and in reply to a specific court query has stated that he does not oppose the prayer made by the petitioner seeking quashing of the FIR in question and it is apparent that the respondent No.2 is living with him.
Learned APP for the State also in the circumstances of the case does not oppose the prayer made by the petitioner seeking quashing of the FIR in question.
Taking into account the statement made by the respondent No.2, there appears no reason to disbelieve that she has reached a settlement voluntarily of her own accord without any duress, pressure or coercion from any quarter, it is considered appropriate to allow the prayer made by the petitioner seeking quashing of the FIR in question.
In view thereof, the FIR No.43/2014, under Sections 354/354B/354D/509/506 IPC, 1860, Police Station Dabri and all consequential proceedings emanating therefrom are thus quashed.
The petition is disposed of.
ANU MALHOTRA, J
JANUARY 22, 2018/sv
IN THE HIGH COURT OF DELHI: NEW DELHI
Item No. 77 Crl. M.C. No.317/2018 ASHISH SINGHAL Vs. STATE & ANR. 22.01.2018
CW-1 Statement of SI DEVENDER, POLICE STATION DABRI On S.A.
I identify the petitioner, namely, Ashish Singhal present in Court today as being the sole accused of the FIR No.43/2014, under Sections 354/354B/354D/509/506 IPC, 1860, Police Station Dabri, and I also identify Ms.X and the spouse of the respondent No.2 as being the complainant of the FIR No.43/2014, under Sections 354/ 354B/ 354D/ 509/ 506 IPC, 1860, Police Station Dabri. The original Aadhaar Card of the petitioner bearing No.992398691962, has been produced, the photocopy of the same qua the petitioner is Ex.CW-1/A.
RO & AC 22.01.2018
ANU MALHOTRA, J
IN THE HIGH COURT OF DELHI: NEW DELHI
Item No. 77 Crl. M.C. No.317/2018 ASHISH SINGHAL Vs. STATE & ANR. 22.01.2018
CW-2 STATEMENT OF MS.X, W/O ANUJ GARG, AGED 24 YEARS, R/O M-17, RAJAPURI, UTTAM NAGAR, DELHI PREVIOUSLY R/O L-12, GALI NO.4, RAJAPURI, UTTAM NAGAR, DELHI. On S.A.
I have studied till standard 12th and I am a housewife.
I do not oppose the prayer made by the petitioner seeking quashing of the FIR No.43/2014, under Sections 354/354B/354D/509/506 IPC, 1860, Police Station Dabri.
My affidavit annexed to the petition bears my signatures thereon at points A and B on each page thereof on Ex.CW-2/A. The certified copy of the mediation settlement dated 17.11.2015 of the settlement arrived at between the petitioner and me at the Mediation Centre, Dwarka Courts, bears my signatures thereon at points ‘A’ on each page thereof as EX.CW2/B which I have signed voluntarily of my own accord without any duress, pressure or coercion from any quarter.
I do not seek the petitioner to be punished in relation to the offences qua the FIR in question.
I have made the statement voluntarily of my own accord without any duress, pressure or coercion from any quarter.
RO & AC 22.01.2018
ANU MALHOTRA, J
1 issue framed by the court
Whether the petition for quashing of the FIR under Sections 354, 354B, 354D, 506, and 509 IPC should be allowed in view of a voluntary mediation settlement.
1 provisions across 1 enactments
Ashish Singhal
State Govt of NCT of Delhi
Ms.X (W/o Anuj Garg)
Anu Malhotra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
