Afzal Khan v. State Of NCT Of Delhi & ANR.

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1274/2024 AFZAL KHAN ..... Petitioner Through:

Mr. Sultan Ahmed Khan, Advocate with petitioner in person.

Versus

STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Ms. Manjeet Arya, APP for State with SI Anil Kumar, P.S. Jamia Nagar.

Respondent No.2. in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 16.02.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioner seeks quashing of FIR No. 85/2017 registered under Section 354 IPC at P.S. Jamia Nagar, South East Distt, New Delhi. 2.

As per the allegations levelled in the FIR, the petitioner caught hold of the complainant and tried to force himself on her. 3.

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

4.

Learned counsel for the petitioners submits that present FIR has been registered due to misunderstanding and parties have now amicably settled their disputes vide Memorandum of Understanding/MOU/Settlement Deed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

dated 26.12.2023, a copy of which has been placed on record. In terms of the settlement, petitioner has paid entire settled amount of Rs.30,000/- to respondent No.2 and now she is left with no claim or grievance against the petitioner.

5.

Petitioner, who is present in Court, has been identified by his counsel as well as the I.O./SI Anil Kumar, P.S. Jamia Nagar. Respondent No. 2 is also present in Court and has been identified by the I.O. 6.

Petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No. 2 also states that she has settled the disputes with the petitioner out of her own free will, volition and without any coercion. She also acknowledges the receipt of entire settled amount and states that she has no objection if the present FIR and the 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/- with the Delhi State Legal Services Authority within a period of two 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 as in Court, failing which Registry shall put the matter before the Court. 10.

A copy of this order be communicated to the Member Secretary, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

DSLSA for intimation.

11.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J FEBRUARY 16, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.