Balmiki Kumar Singh & ORS. v. State Of NCT Of Delhi & ORS.

$~104 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 733/2024 BALMIKI KUMAR SINGH & ORS.

..... Petitioners Through: Mr.Anurag Singh, Advocate with petitioners in person versus STATE OF NCT OF DELHI & ORS.

..... Respondents Through: Mr.Sanjeev Bhandari, ASC with Ms.Anvita Bhandari, Mr.Kunal Mittal, Mr.Arijit Sharma and Mr.Vaibhav Vats, Advocates with ASI Ramesh Mr.Yogesh Kumar, Advocate for respondent Nos.2 to 4 with respondent Nos.2 to 4 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 11.03.2024 CRL.M.A. 7570/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(CRL) 733/2024 1.

The present petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking quashing of FIR No.140/2023 registered under Sections 308/34 at P.S. Kanjhawala, Rohini, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioners caused injuries to respondent Nos.2 to 4 by using sticks. 3.

Learned APP for the State submits that the petitioners are the accused The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

persons and respondent Nos.2 to 4 are the only complainants/victims. 4.

Learned counsels for the parties submit that the parties, have entered into a settlement vide Memorandum of Understanding/Settlement Deed dated 25.01.2024 and in terms of the settlement, respondent Nos.2 to 4 are now left with no claim whatsoever against the petitioners. 5.

The petitioners and respondent Nos.2 to 4, who are present in the Court, have been identified by their respective counsels as well as by the Investigating Officer.

6.

The petitioners have shown remorse for their conduct and they undertake not to repeat the same in future. Respondent Nos.2 to 4 state that they have entered into the aforesaid Memorandum of Understanding /Settlement Deed out of their own free will, volition and without any coercion. They further state that they have no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsels for the parties submit that connected FIR being FIR No.141/2023 registered under Sections 308/34 at P.S. Kanjhawala, Rohini, Delhi has also been quashed today vide CRL.M.C. 1964/2024. 8.

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

9.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cost of Rs.25,000/- by each petitioner to be deposited with the Delhi State Legal Services Authority within a period of four weeks from today. The amount so deposited shall be utilized by the Delhi State Legal Services Authority for providing The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

counselling/psychological support to POCSO victims requiring such assistance.

10.

Proof evidencing receipt of deposit and payment shall be filed with the Investigating Officer as well as in Court. 11.

With the above directions, the petition is disposed of. 12.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. 13.

The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioners is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J MARCH 11, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.