Rajpal & ORS. v. The State & ORS.

$~106 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 694/2024, CRL.M.A. 2814/2024 RAJPAL & ORS.

..... Petitioners Through:

Ms. Simran Sapra and Ms. Manjula Mishra, Advocates with petitioners in person..

versus THE STATE & ORS.

..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with ASI Subhash Sharma, P.S. Raj Park.

Mr. Ranjan Sharma, Advocate for respondent Nos. 2 to 6 alongwith respondent Nos. 2 to 6 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 30.01.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 541/2019 registered under Sections 452/323/341/34 IPC at Police Station Sultanpuri, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the complainant alleged that had had a business dealings with petitioner No.1 and had borrowed a sum of Rs.5,000/- from petitioner No.1. On 25.05.2019 at about 09:30, petitioner No.1, who was under the influence of liquor, came to the house of the complainant alongwith his relatives and friends i.e. other petitioners and asked about his money. Thereafter, an argument took place wherein The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioners started beating the complainant and his family members i.e. respondent Nos. 3 to 6 wherein they sustained injuries. 3.

Mr. Sabharwal, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent Nos.2 to 6 are the only victims/injured in the present case. 4.

Learned counsel for the petitioners submits that the petitioners and respondent Nos. 2 to 6 are known to each other and present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Compromise/Settlement Deed dated 12.01.2024, a copy of which has been placed on record. In terms of the said settlement, respondent Nos. 2 to 6 are now left with no claim or grievance against the petitioners. 5.

It is informed that a cross FIR No. 540/2019 has been registered under Sections 308/34 IPC at Police Station Sultanpuri against respondent Nos.2, 5 and 6 on the complaint of petitioner No.1, which has also been quashed vide today's order passed in CRL.M.C. 693/2024.

6.

The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./SI Braham Prakash, P.S. Sultanpuri, Delhi who is present in the Court. Respondent Nos. 2 to 6 are also present in Court and has been identified by their counsel as well as by the I.O. 7.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent Nos. 2 to 6 also state that they have entered into the aforementioned 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 the consequent proceedings are quashed. 8.

The parties shall remain bound by the statements made in Court The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

today.

9.

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 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 DSLSA for providing counselling/psychological support to POCSO victims requiring such assistance.

10.

Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court failing which, the Registry shall put up the matter. 11.

A copy of this order be communicated to the Member Secretary, DSLSA for intimation.

12.

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

13.

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 JANUARY 30, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.