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High Court of DelhiCRL.M.C./482/2023

Sanjay & ORS. v. State (NCT Of Delhi) And ANR.

2024-03-14Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 482/2023 & CRL.M.A. 1907/2023 SANJAY & ORS.

..... Petitioners Through:

Mr. Pankaj Srivastava, Advocate with petitioners in person.

versus STATE (NCT OF DELHI) AND ANR ..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Lalit Jakhar PS Maidan Garhi and ASI Satbir Singh, DIU.

Ms.

Samridhi Bandyopadhyay, Advocate for respondent No.2 with respondent No.2 through V.C.

Sahil and Dar Singh in person, Sabira through V.C.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 14.03.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No. 63/2020 registered under Sections 308/34 IPC at Police Station Maidan Garhi, New Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners gave beatings to respondent No.2 as well as his brothers Sahil, Dara Singh and his mother Smt. Sabira.

3.

Mr. Sanjeev Sabharwal, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 alongwith his brothers Sahil, Dara Singh and mother Smt. Sabira are the only complainant/victim.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Learned counsel for the petitioners submits that the parties have amicably settled their disputes vide Compromise Deed dated 19.11.2022. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioners. The other victims namely Sahil, Dara Singh and Smt. Sabira, who are present in Court and identified by I.O., have also stated their no objection to the quashing. 5.

The petitioners and respondent No.2, who are present in Court, have been identified by their respective counsels as well as the I.O./ SI Lalit Jakhar PS Maidan Garhi.

6.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 also states that he has entered into the aforementioned settlement out of his own free will, volition and without any coercion. He further states that he has no objection if the present FIR and consequent proceedings are quashed. 7.

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

8.

In view of the above facts and considering that no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cumulative cost of Rs.10,000/- to be deposited by each of the petitioners with the Delhi State Legal Services Authority within a period of two weeks from today. The amount so deposited shall be utilized by the Delhi State Legal Services Authority for providing counselling/psychological support to POCSO victims requiring such assistance.

9.

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

as in Court.

10.

A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. 11.

With the above directions, the petition is disposed of alongwith miscellaneous application.

12.

In case receipt of cost is not filed within two weeks, the matter be placed before the Court.

MANOJ KUMAR OHRI, J MARCH 14, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.