Quashed

Sanjay Khan v. State and Another

Delhi HC13 Feb 2019CRL.M.C./352/2019

Case brief

AI extract

What is this about?

The High Court of Delhi quashed an FIR registered under sections pertaining to sexual harassment and criminal intimidation following a settlement between the petitioner and the complainant, citing the petitioner's age, socio-economic condition, and the unconditional apology offered by the petitioner to the victim.

What did the court decide?

FIR No. 388/2015 and proceedings emanating therefrom were quashed.

Sanjay Khan Vs State and Another — Quashing and FIR | Delhi HC (2019)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 352/2019

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SANJAY KHAN ..... Petitioner Through: Mr. Kuldeep Singh Grewal, Advocate

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versus

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STATE AND ANOTHER ..... Respondents Through: Mr. Kamal Kumar Ghai, APP Ms. Counsel (name not given) for respondent No.2

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CORAM:

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HON'BLE MR. JUSTICE CHANDER SHEKHAR

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O R D E R

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% 13.02.2019

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The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.388/2015, under Sections 354/354D/506/509 of the Indian Penal Code, 1860 (‘IPC’), registered at PS: Hauz Khas, New Delhi and the proceedings emanating therefrom.

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The petitioner and respondent No.2 as well as their respective counsel submitted that the matter has been settled between the parties on their own free will, without any force, pressure or coercion, as is evident from the proceedings before the learned Metropolitan Magistrate, Saket Courts, New Delhi dated 16.4.2015.

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The Investigating Officer (‘IO’), who is present in the Court, has identified the petitioner as well as respondent No.2 and has also verified about the settlement effected between the

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parties.

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Respondent No.2, on a query of the Court, submitted that since the matter has been settled between the parties and in view of the unconditional apology tendered by the petitioner, she has no grievance, whatsoever, against the petitioner and has no objection to the petition being allowed and the quashing of the FIR.

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In view of the aforesaid circumstances, the Settlement arrived at between the parties and taking into consideration the age and socio-economic condition of the petitioner, I deem it appropriate to give him a chance to reform and reintegrate into the society as a productive member. This Court is also of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 388/2015, under Sections 354/354D/506/509 of the IPC, registered at PS: Hauz Khas, New Delhi and the proceedings emanating therefrom are quashed.

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Petition is disposed of in above terms.

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CHANDER SHEKHAR, J

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FEBRUARY 13, 2019 tp

Sanjay Khan v. State and Another

Case brief

What is this about?

What did the court decide?

Sanjay Khan v. State and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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