Sheikh Aash Mohammad & ORS. v. The State Govt. (NCT Of Delhi) Through Sho With P.S Jahangirpuri & ANR.
$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2174/2023 SHEIKH AASH MOHAMMAD & ORS.
..... Petitioners Through: Mr. B.S. Chowdhary and Ms. Sneh Lata, Advocates versus THE STATE GOVT. (NCT OF DELHI) THROUGH SHO WITH P.S JAHANGIRPURI & ANR.
..... Respondents Through: Mr.Laksh Khanna, APP for State with Insp. Varun Dalal and ASI Ashok Kumar, PS Jahangir Puri (Mob. No.9971129212)
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 09.01.2024 1.
The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No.363/2020 registered under Section 308 IPC at P.S. Jahangir Puri, Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR, the present case was registered on the complaint of respondent No. 2/complainant. The present FIR relates to an incident of quarrelling between the accused persons/petitioners and Respondent No.2 which led to the beating of the latter at the hands of the former.
3.
Learned APP for the State, submits that in the present case the petitioners are the only accused persons and respondent No.2 is the only The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
complainant/victim. He however, submits that the petitioners are involved in many other cases of similar nature.
4.
Learned counsel for the petitioners submits that as per allegations, the weapon used is danda, which is not seized.
5.
Be that as it may, the parties have been able to reach on a settlement to which respondent No.2 submits that he has no objection to the quashing of the F.I.R.
6.
Learned counsels for the parties submit that since the parties are neighbours, they have entered into a settlement vide Compromise Deed dated 24.03.2023 (Annexure P-3). In terms of the settlement, the claim of respondent no.2 against the petitioners has been satisfied. 7.
The petitioners and respondent No.2, who are present in the Court have been identified by their respective counsels and the Investigating Officer.
8.
The petitioners have shown remorse for their conducts and they undertake not to repeat the same in future. Respondent No. 2 states that he has entered into the aforesaid Compromise Deed 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. 9.
Learned counsel for the petitioners submits that no other proceedings are pending between the parties.
10.
The parties shall remain bound by the statements made in Court today.
11.
In view of the above facts and the statement made by the learned APP for the State that there are other pending cases against the present petitioners and since no useful purpose will be served in continuance of the present The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of costs of Rs.20,000/- each out of which Rs.15,000/- is to be paid by each petitioner to respondent No.2/complainant by way of a Demand Draft through Investigating Officer and remaining Rs.5,000/- is to be deposited by each petitioner with the Delhi State Legal Services Authority within a period of four weeks from today. The amount so deposited shall be utilized by the DSLSA for providing counselling/psychological support to POCSO victims requiring such assistance.
12.
Proof evidencing receipt of deposit shall be filed with the Investigating Officer as well as in Court.
13.
With the above directions, the petition is disposed of. 14.
Let a copy of this order be communicated to the Member Secretary, DSLSA for information.
15.
The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioner is not filed within the stipulated time period.
MANOJ KUMAR OHRI, J JANUARY 9, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.