Bilal & ANR. v. State (NCT Of Delhi) & ORS.

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 322/2023 BILAL & ANR.

..... Petitioners Through: Mr.Naginder Benipal, Advocate with petitioners in person versus STATE (NCT OF DELHI) & ORS.

..... Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Mukesh Yadav Respondent No.3 alongwith her brother/ 'K'

through V.C.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 02.04.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.148/2016 registered under Sections 323/354/34 IPC and Section 12 of the POCSO Act at P.S. Naraina, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioners abused, beat and misbehaved with respondent No.3 and her brother 'K'. 3.

Learned APP for the State submits that in the present case the petitioners are the only accused persons and apart from respondent No.3, there is another victim/injured namely 'K'.

4.

Learned counsel for the petitioners submits that the parties have entered into a settlement vide MOU/Settlement Deed dated 03.08.2022 and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

in terms of the settlement, respondent No.3 is now left with no claim whatsoever against the petitioners. Brother of respondent No.3 namely 'K', who has joined the proceedings through V.C., also states that he has settled the dispute with the petitioners and has no objection if the FIR and consequent proceedings are quashed.

5.

The petitioners, who are present in the Court, have been identified by their counsel as well as by the Investigating Officer. Respondent No.3, who is a major aged about 22 years, has joined the proceeding through V.C. alongwith her brother 'K'/injured, and has been identified by the Investigating Officer.

6.

The petitioners have shown remorse for their conduct and they undertake not to repeat the same in future. Respondent No.3 states that she has entered into the aforesaid MOU/Settlement Deed out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed. 7.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

8.

The parties shall remain bound by the statements made in Court today.

9.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cost of Rs.5,000/- by each petitioner to be paid to respondent No.3 by way of a Demand Draft through Investigating Officer within a period of four weeks from today. 10.

Proof evidencing receipt of deposit and payment shall be filed with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Investigating Officer as well as in Court. 11.

With the above directions, the petition is disposed of. 12.

The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioners is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J APRIL 2, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.