Neeraj Kumar Tyagi & ORS. v. State Of NCT Of Delhi & ANR.

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 840/2024 NEERAJ KUMAR TYAGI & ORS.

..... Petitioners Through: Mr.S.B. Pandey, Advocate with petitioners in person versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through: Mr. Nawal Kishore Jha, APP for State with Insp. Ajeet Kumar and ASI Harswaroop Mr.Mohit Tyagi, Advocate for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 02.02.2024 CRL.M.A. 3370/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 840/2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.1103/2023 registered under Sections 323/509/506/34 IPC at P.S. Burari, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, on 23.07.2023, the petitioners entered the house of the complainant and abused and slapped her and even made threats to kill her.

3.

Learned APP for the State submits that in the present case the petitioners are the only accused persons and respondent No. 2 is the only The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

complainant/victim.

4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Memorandum of Settlement dated 15.10.2023 and in terms of the settlement, respondent No.2 is now left with no claim whatsoever against the present petitioners.

5.

The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels as well as by the Investigating Officer.

6.

The petitioners have shown remorse for their conducts and they undertake not to repeat the same in future. Respondent No.2 states that she has entered into the aforesaid Memorandum of Settlement out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed. 7.

Learned counsels for the parties submit 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 aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cumulative costs of Rs.10,000/- to be deposited by the petitioners 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.

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

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 alongwtih the pending application.

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 petitioners is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J FEBRUARY 2, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.