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High Court of DelhiCRL.M.C./1420/2023

Mahesh Kumar Sonkar & ANR. v. State Of NCT Of Delhi & ANR.

2024-04-09Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1420/2023, CRL.M.A. 5451/2023 MAHESH KUMAR SONKAR & ANR.

..... Petitioners Through:

Mr. Ram Narayan Singh and Mr.

Aakash Gupta, Advocates with petitioners in person.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Kiranpal Singh, P.S. Subzi Mandi.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 09.04.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No. 242/2017 registered under Sections 308/34 IPC at P.S. Subzi Mandi, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners caused injuries to respondent No.2 by using a knife. 3.

Mr. Sabharwal, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the only complainant/victim in the present case. He submits that charge-sheet has been filed under the aforesaid sections. He further submits that the injuries caused to the respondent No.2/complainant have been opined to be 'simple'.

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

4.

Learned counsel for the petitioners submits that the parties have amicably settled their disputes vide Settlement Deed dated 22.03.2023. In terms of the settlement, the complainant is now left with no claim or grievance against the petitioners.

5.

The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./SI Kiranpal Singh, P.S. Subzi Mandi. Respondent No.2, who is also present in Court, has been identified by the I.O.

6.

Petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 states that he has entered into the settlement with the petitioners 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.10,000/- to be deposited by each of the petitioners with the Delhi State Legal Services Authority (A/c No. 18580110053263, UCO Bank, Branch :

Rouse Avenue, IFSC:

UCBA0003364) 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.

9.

Proof evidencing receipt of deposit shall be filed with the I.O. as well The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

as in Court failing which, the Registry shall list the matter in the Court. 10.

A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. 11.

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

MANOJ KUMAR OHRI, J APRIL 9, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.