Fooji Singh And ORS v. State NCT Of Delhi And ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1428/2023 & CRL.M.A. 20300/2023 FOOJI SINGH AND ORS ..... Petitioners Through:

Mr.T.N. Tripathi, Mr.Ravinder Singh and Mr.Pramod Kumar, Advs. along with petitioners in person.

versus STATE NCT OF DELHI AND ANR ..... Respondents Through:

Mr.Sanjeev Sabharwal, APP with SI Devender Complainant in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 14.03.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 100/2015 registered under Sections 323/341/427/34 IPC at Police Station Alipur, Delhi on the ground that the parties have amicably settled their disputes. 2.

The FIR relates to an incident of 27.01.2015 when the accused persons allegedly broke the front and side glass of the bus as well as gave beatings to respondent no.2 .

3.

Although the parties have been able to reach the settlement with the respondent no.2, considering that damage was caused to the public property i.e. bus belonging to the Haryana Roadways, it was directed by the predecessor Bench that Haryana Roadways Transport Corporation be also impleaded as respondent No.3. Despite notice being issued, none is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

appearing for the respondent no.3.

4.

Mr. Sanjeev Sabharwal, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the complainant/victim in the present case. 5.

Learned counsel for the petitioners submits that the parties have amicably settled their disputes vide Memorandum of Understanding dated 23.02.2023, 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 petitioners.

6.

The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./ SI Devender, P.S Alipur. Respondent No. 2 is also present in Court and has been identified by the I.O. 7.

The learned counsel for the petitioners, on instructions, submits that the petitioners without prejudice to their rights and contentions are ready and willing to bear the costs for the broken front and side glass damage caused in the alleged incident.

8.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 also states that he has entered into the aforementioned MOU 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.

9.

The parties shall remain bound by the statements made in Court today.

10.

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

subject to payment of cumulative cost of Rs.50,000/- to be deposited with the Haryana Roadways Transport Corporation within a period of four weeks by way of demand draft in the name of General Manager of Haryana Roadways Transport Corporation. Further payment of collective cost of Rs.25,000/- 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.

11.

Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court.

12.

A copy of this order be communicated to the General Manager of Haryana Roadways Transport Corporation, Gurugram, Haryana and Member Secretary, Delhi State Legal Services Authority for intimation. 13.

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

14.

In case receipt of cost is not filed within two weeks, the matter be placed before the Court.

MANOJ KUMAR OHRI, J MARCH 14, 2024/ns The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.