Kamal Lohiya & ANR. v. The State (N.C.T Of Delhi) & ANR.
$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1428/2024 & CRL.M.A. 5655/2024 KAMAL LOHIYA & ANR ..... Petitioners Through:
Mr. Manoj Lohia, Mr. Faisal Khan, Advocates with petitioners in person.
versus THE STATE (N.C.T OF DELHI) & ANR ..... Respondents Through:
Mr. Sanjeev Sabharwal, APP for State with WSI Manju PS Vasant Kunj (South), New Delhi.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 21.02.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 0329/2021 registered under Sections 354/509/34 IPC at Police Station Vasant Kunj (South), New Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR the petitioners made vulgar gestures and misbehaved with the complainant. 3.
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. It is further submitted that the charge-sheet has been filed.
4.
Learned counsel for the petitioners submits that the petitioners and respondent No. 2 are known to each other and present FIR was registered The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Compromise Deed dated 01.02.2024, 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.
5.
The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./ WSI Manju PS Vasant Kunj (South), New Delhi. Respondent No. 2 is also present in Court and has been identified by the I.O.
6.
The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 who is present in person states that she has entered into the aforementioned compromise out of her own free will, volition and without any coercion. She further states that she 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 cumulative cost 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 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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10.
A copy of this order be communicated to the Member Secretary, DSLSA for intimation.
11.
With the above directions, the petition is disposed of alongwith miscellaneous application.
12.
In case receipt of costs is not placed on record within two weeks, the matter be placed before the Court.
MANOJ KUMAR OHRI, J FEBRUARY 21, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.