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High Court of DelhiCRL.M.C./1816/2024

Sandeep Dagar And ORS v. The State NCT Of Delhi And ORS

2024-04-01Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1816/2024 SANDEEP DAGAR AND ORS ..... Petitioners Through:

Mr. Samrat Nigam, Mr. Ajay Dabas, Mr. Ravi Dagar and Ms. Priyanka Dagar, Advocates with petitioners in person.

versus THE STATE NCT OF DELHI AND ORS ..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Dharmendra and SI Naresh Kumar PS Baba Haridas Nagar, Delhi.

Mr. Paruesh Saroha, Advocate for respondent Nos.2 and with respondent Nos. 2 and 3 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 01.04.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 271/2014 registered under Sections 354(B)/308/506/34 IPC at Police Station Baba Haridas Nagar, New Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners misbehaved and even gave beatings to the respondents as a result of which injuries were sustained.

3.

Mr. Sanjeev Sabharwal, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Nos.2 and 3 are the complainants/victims in the present case and the chargesheet is also filed under the aforesaid sections. 4.

Learned counsel for the petitioners submits that the 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 05.02.2024, 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 and respondent Nos. 2 and 3, who are present in Court, have been identified by their counsel as well as the I.O./ SI Dharmendra and SI Naresh Kumar PS Baba Haridas Nagar, Delhi. 6.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent Nos. 2 and 3 also state that they have entered into the aforementioned MOU 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.

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.1 lac upon each of the petitioners out of which Rs.50,000/- to be paid to the complainant by way of demand draft through IO and Rs.50,000/- to be deposited with the Delhi State Legal Services Authority Authority (Account No.18580110053263, UCO Bank, Branch Rouse Avenue, IFSC: UCBA0003364) within a period of four weeks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.

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. 12.

In case receipt of cost is not filed within four weeks, the matter be placed before the Court.

MANOJ KUMAR OHRI, J APRIL 1, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.