Vipin Kumar @ Babbu v. State NCT Of Delhi & ORS.

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 847/2023 VIPIN KUMAR @ BABBU ..... Petitioner Through:

Mr. Vijay Kinger, Mr. Ashwani Gehlot and Ms. Roopa Nagpal, Advocates with petitioner in person.

versus STATE NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Aashneet Singh, APP for the State with SI Sita Ram, P.S. Karawal Nagar.

Respondents no.2, 3 & 4 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 16.02.2024 CRL.M.C. 847/2023 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 515/2012 registered under Sections 452/323/308/506/380/34 IPC at Police Station Karawal Nagar, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, on 30.12.2012, regarding some disagreement with respect to the repair of a mobile, the petitioners abused and gave beatings to the complainant.

3.

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

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 22/02/2024 at 11:27:04

4.

Learned counsel for the petitioner submits that the present FIR was registered due to misunderstanding and with the efforts made from both the sides to end their differences by mutual consent on compromise, parties have amicably settled their disputes vide Settlement Deed dated 12.01.2023 (Annexure-P1), a copy of which has been placed on record. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioner.

5.

The petitioner, who is present in Court, have been identified by their counsel as well as the I.O./ SI Sita Ram, P.S. Karawal Nagar, Delhi, who is present in the Court. Respondent No. 2, 3 & 4 are also present in Court and has been identified by the I.O.

6.

The petitioner has shown remorse for his conduct and undertake not to repeat the same in future. Respondent No. 2 also states that he has entered into the aforementioned Settlement Deed 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 cumulative cost of Rs.10,000/- to be deposited by the petitioner with the Delhi State Legal Services Authority within a period of four weeks from today. The amount so deposited shall be utilized by the DSLSA 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. The Order is downloaded from the DHC Server on 22/02/2024 at 11:27:04

9.

Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court, failing which the Registry shall place the matter before the court.

10.

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

11.

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

MANOJ KUMAR OHRI, J FEBRUARY 16, 2024/kct 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 22/02/2024 at 11:27:05