Vipin Gaur & ORS. v. State & ANR.

$~129 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1083/2023 and CRL.M.A. 4182/2023 VIPIN GAUR & ORS.

..... Petitioners Through: Mr.Pradeep Kumar and Mr.Arun Sharma, Advocates versus STATE AND ANR.

..... Respondents Through: Mr.Mukesh Kumar, APP for State with SI Deepak Mr.Nishant M. and Mr.S.K. Saxena, Advocates for complainant

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 19.01.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 282/2004 registered under Sections 365/384/387/120B IPC at P.S. Delhi Cant., Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, on 03.09.2004, at around 7 PM, the petitioners putting the respondent No.2 in fear, took money and got certain documents signed.

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 complainant/victim.

4.

Learned counsels for the parties submit that with the intervention of relatives and friends, the parties have entered into a settlement vide Memorandum of Understanding dated January, 2016, and in terms of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

settlement, respondent No.2 is now left with no claim whatsoever against the present petitioners.

5.

The petitioners, who have joined through VC, and respondent No.2, who is present in the Court, have been identified by their respective counsels and 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 he has entered into the aforesaid memorandum of understanding 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.

Learned counsel for the petitioners submits 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 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.

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

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 JANUARY 19, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.