Mohit Dagar v. The State Through S.H.O. Police Station Saket & ANR.

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 767/2023 MOHIT DAGAR ..... Petitioner Through:

Mr. Alok Kumar, Advocate with petitioner in person.

versus THE STATE THROUGH S.H.O. POLICE STATION SAKET & ANR ..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Udai Singh PS Saket, New Delhi.

Ms. Rachna Dalal, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 11.03.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No.174/2019 registered under Sections 3(1)(r) & (s) of SC & ST (Prevention of Atrocities) Act, 1989 and Section 506 IPC at Police Station Saket, New Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioner abused respondent No.2.

3.

Mr. Sanjeev Sabharwal, learned APP for the State, on instructions, submits that the petitioner is the only accused and respondent No.2 is the only complainant/victim in the present case.

4.

Learned counsel for the petitioner submits that the parties have amicably settled their disputes vide Memorandum of Understanding dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

24.01.2023. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioner.

5.

The petitioner and respondent No.2, who are present in Court, have been identified by their respective counsels as well as the I.O./ SI Udai Singh PS Saket, New Delhi.

6.

The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No. 2 also states that he has entered into the aforementioned MoU 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 cost of Rs.50,000/- out of which Rs.25,000/- shall be paid to the respondent No.2 and the remaining amount of Rs.25,000/- shall be deposited by the petitioner 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 payment and deposit shall be filed with the I.O. as well as in Court.

10.

A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 petitioner is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J MARCH 11, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.