Mahender Singh And ORS. v. State And Others

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 926/2023 MAHENDER SINGH AND ORS.

..... Petitioners Through: Mr. Pawan Kumar Mittal, Advocate with petitioners in person versus STATE AND OTHERS ..... Respondents Through: Mr.Sanjeev Sabharwal, APP for State with WSI Rajveer Respondent Nos.2 and 3 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 29.01.2024 CRL.M.A. 3573/2023 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 926/2023 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.442/2018 registered under Sections 195-A/354B/506/323/34 IPC at P.S. Neb Sarai, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, on 12.10.2018, the petitioners entered the house of the complainant and subsequently harassed the complainant and gave beatings to her husband. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Learned APP for the State submits that in the present case the petitioners are the only accused person and respondent Nos.2 and 3 are the only complainants/victims.

4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Memorandum of Understanding dated 16.08.2022 and in terms of the settlement, respondent Nos. 2 and 3 are now left with no claim whatsoever against the petitioners.

5.

The petitioners, who are present in the Court, have been identified by their counsel and the Investigating Officer. Respondent Nos.2 and 3, who are also present in Court, are identified by the Investigating Officer. 6.

The petitioners have shown remorse for their conducts and they undertake not to repeat the same in future. Respondent Nos.2 and 3 state that they have entered into the aforesaid Memorandum of Understanding out of their own free will, volition and without any coercion. They further state that they have no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsels for the parties submit that there is another connected FIR being FIR No.443/2018 registered under Sections 341/323/354/34 IPC at P.S. Neb Sarai, Delhi which has also been quashed vide CRL.M.C. 947/2023.

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 cost of Rs.10,000/- by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioners to be deposited 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.

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. 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 JANUARY 29, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.