Sanjay Kumar Jain & ORS. v. The State Of NCT Of Delhi & ANR.

$~123 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 468/2024 SANJAY KUMAR JAIN & ORS.

..... Petitioners Through:

Mr.Aditya Gauri, Mr.Mohit Lakra, Mr.Amar Vivek, Advs.

versus THE STATE OF NCT OF DELHI & ANR. ..... Respondents Through:

Mr.Satinder Singh Bawa, APP with SI Kishor Prasad.

R-2/Complainant in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 19.01.2024 CRL.M.A. 1839/2024 (exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 468/2024 2.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India seeking quashing of FIR No.111/2023 registered at Police Station: Defence Colony, South, Delhi under Sections 186/353/506/34 of the Indian Penal Code, 1860 (in short, 'IPC') along with all other proceedings arising therefrom.

3.

The learned counsels for the parties submit that the parties have arrived at an amicable settlement and have entered into a Settlement Deed/Memorandum of Understanding dated 02.11.2023. 4.

The respondent no.2/complainant is personally present in Court and has been duly identified by the IO.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:36:50

5.

Considering the above settlement between the parties and the chances of conviction of the petitioner being remote and bleak, in view of the principles enunciated by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, Parbatbhai Aahir @ Parbatbhai Bimsinh Karmur & Ors. v. State of Gujarat & Ors., (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335, I find that no useful purpose would be served in continuing with the criminal proceedings as it would be an unnecessary burden on the State exchequer.

6.

Accordingly, FIR No.111/2023 registered at Police Station: Defence Colony, South, Delhi under Sections 186/353/506/34 of the IPC, along with all other proceedings emanating therefrom, are quashed, subject to the condition that the petitioners shall deposit costs of Rs.10,000/- each with the Delhi State Legal Services Authority within a period of four weeks from today. The amount so deposited shall be utilised by the Delhi State Legal Services Authority for providing support to the POCSO Victims requiring such assistance.

7.

The petitioners shall file, with the Registry of this Court, proof of such deposit of the above costs and also supply a copy thereof to the concerned IO within a period of four weeks. 8.

The petition is allowed in the above terms.

NAVIN CHAWLA, J JANUARY 19, 2024 RN/RP Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:36:50