Rishabh Khari v. The State Goverment Of NCT Of Delhi & ORS.
$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 171/2024 RISHABH KHARI ..... Petitioner Through: Mr.Nitin Shokeen, Advocate with petitioner in person versus THE STATE GOVERMENT OF NCT OF DELHI & ORS.
..... Respondents Through: Mr.Sanjay Lao, Standing Counsel for State with Mr.Abhinav Arya and Mr.Shivesh K., Advocates with ASI Satya Vir Singh and Insp.
Mahesh Kumar Mr.Abin B.Kurian, Advocate for respondent Nos.2 to 4 with respondent Nos.2 to 4 in person
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 18.01.2024 CRL.M.A. 1547/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application is disposed of.
W.P.(CRL) 171/2024 1.
The present petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking quashing of FIR No.961/2023 registered under Sections 323/341/379/427/34 IPC at P.S. Keshav Puram, Delhi on the ground that the parties have amicably settled their disputes.
2.
As per the allegations levelled in the FIR, on 29.12.2023 at around The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
7:30 PM, while respondent Nos.2-4 were traveling and had stopped to buy water, the petitioner (alongwith few others) came and upon a minor issue, started abusing and beating them.
3.
Learned APP for the State, submits that in the present case the petitioner is the only accused person and respondent Nos.2 to 4 are the only complainants/victims.
4.
Learned counsels for the parties submit that the parties, with the intervention of the respectable elder members of the society, friends and relatives have entered into a mutual settlement and in support of the same, respondent Nos.2-4 have filed their affidavits. In terms of the settlement, respondent Nos.2 to 4 are now left with no claim whatsoever against the petitioner.
5.
The petitioner and respondent Nos.2 to 4, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.
6.
The petitioner has shown remorse for his conducts and he undertakes not to repeat the same in future. Respondent Nos. 2 to 4 state that they have entered into the aforesaid Settlement out of their own free will, volition and without any coercion. They further state that they have no objection if the present FIR and consequent proceedings are quashed. 7.
Learned counsel for the petitioner 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of costs of Rs.25,000/- out of which Rs.5,000/- is to be paid to each complainant/respondent Nos.2 to 4 by way of a Demand Draft through Investigating Officer and remaining Rs.10,000/- is to be deposited with the Delhi State Legal Services Authority within a period of four 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.
10.
Proof evidencing receipt of deposit shall be filed with the Investigating Officer as well as in Court.
11.
With the above directions, the petition is disposed of. 12.
Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. 13.
The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioner is not filed within the stipulated time period.
MANOJ KUMAR OHRI, J JANUARY 18, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.