Kanwal Aggarwal & ORS. v. State G.N.C.T Of Delhi & ANR.
$~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1803/2024, CRL.M.A. 6867/2024 KANWAL AGGARWAL & ORS.
..... Petitioners Through:
Mr. D.S. Kohli, Mr. Yash Kadyan and Mr. Prince Jain, Advocates with petitioners in person.
versus STATE G.N.C.T OF DELHI & ANR.
..... Respondents Through:
Ms. Nandita Rao, ASC for State with Insp. Surendra Sharma, P.S. DIU, Insp. Lalit Kumar, P.S. Geeta Colony and Insp. C.P. Singh, P.S. South Avenue (IO).
Mr. Kirti Uppal, Sr. Advocate with Mr. Love Sharma and Mr. Shekhar Kumar, Advocates for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 04.03.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 565/2021 registered under Sections 342/347/451/365/506/34/120B IPC at P.S. Geeta Colony, Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR, the petitioners hurled abuses and even extended threats of dire consequences to the complainant in order to intimidate.
3.
Ms. Rao, learned ASC for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
complainant in the present FIR.
4.
Learned counsel for the petitioners submits that present FIR has been registered on the directions passed by the Ld. Metropolitan Magistrate under Section 156 (3) Cr.P.C. He further submits that parties have settled their disputes vide Memorandum of Understanding dated 09.02.2024. It is submitted that petitioners undertake to abide by the terms of the settlement. The undertaking, given on behalf of the petitioners, is accepted and taken on record. It is further submitted that in terms of the said settlement, complainant/respondent No.2 is now left with no claim or grievance against the petitioners.
5.
The petitioners and respondent No.2, who are present in Court, have been identified by their receptive counsel as well as IO/Insp. C.P. Singh, P.S. South Avenue and Insp. Lalit Kumar, P.S. Geeta Colony. Petitioners have shown remorse for their conduct and undertake not to repeat the same in future.
6.
It is next submitted that a cross FIR 0509/2022 registered under Sections 420/467/468/471/120B/34 IPC on the complaint of petitioner No.1 against respondent No.2 at P.S. Farsh Bazar has also been quashed by this Court vide today's order passed in W.P.(CRL) 736/2024. 7.
Respondent No. 2 states that he has entered into the aforesaid MOU out of his own free will and without any undue force, pressure or coercion. He further states that he has no objection if the present FIR and the consequent proceedings are quashed.
8.
The parties shall remain bound by the statements made in Court today.
9.
In view of the above facts and considering that no useful purpose will The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.1,00,000/- to be deposited by the petitioners with the Delhi State Legal Services Authority within a period of one week 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. 10.
Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court failing which, the Registry shall list the matter before the Court. 11.
A copy of this order be communicated to the Member Secretary, DSLSA for intimation.
12.
With the above directions, the petition is disposed of alongwith miscellaneous application.
MANOJ KUMAR OHRI, J MARCH 4, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.