Naresh Kumar @ Fauji & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.
$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 717/2024 NARESH KUMAR @ FAUJI & ORS.
..... Petitioners Through:
Mr. Ravi Mehta, Mr. Jai Raj Yadav and Mr. Naresh Dhunna, Advocates with petitioners in person.
versus STATE (GOVT. OF NCT OF DELHI) & ANR ..... Respondents Through:
Mr. Yasir Rauf Ansari, ASC (Crl.) for State with Mr. Alok Sharma and Mr.
Vasu Agarwal, Advocates with ASI Hans Kumar and SI Partap Singh PS Mohan Garden, Delhi.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 21.03.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 0199/2023 registered under Sections 147/148/323/452 IPC at Police Station Mohan Garden, Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR the petitioners gave beatings to the complainant as a result of which injuries were sustained. 3.
Mr. Yasir Rauf Ansari, learned ASC (Crl.) for 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. 4.
Learned counsel for the petitioners submits that the earlier petition being Crl.M.C.6381/2023 was withdrawn on 04.09.2023 and thereafter after filing of the charge-sheet, the petitioner have been able to arrive at an The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
amicable settlement with the respondent No.2. He further submits that present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Memorandum of Understanding dated 02.08.2023, 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. 5.
The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./ SI Partap Singh PS Mohan Garden, Delhi. who is present in the Court. 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 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.
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 each of 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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
Proof evidencing receipt of deposit shall be filed with the I.O. as well as in 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.
12.
In case receipt of cost is not filed within two weeks, the matter be placed before the Court.
MANOJ KUMAR OHRI, J MARCH 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.