Mamta Jain & ANR. v. State & ANR.
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2612/2023 & CRL.M.As. 9856-57/2023 MAMTA JAIN & ANR ..... Petitioners Through:
Mr. Abhisumat Gupta, Advocate with petitioners in person.
versus STATE & ANR ..... Respondents Through:
Mr. Laksh Khanna, APP for State with SI Hemant Kumar PS Special Cell and SI Sachin PS Shalimar Bagh, Delhi.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 09.04.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 77/2017 registered under Sections 323/354/509 IPC at Police Station Shalimar Bagh, Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR on 07.03.2017, the petitioners quarrelled with the complainant, hurled abuses and even struck her causing distress.
3.
Mr. Laksh Khanna, learned APP for the 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. It is further submitted that the charge-sheet has been filed.
4.
Learned counsel for the petitioners submits that the present FIR was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/04/2024 at 14:09:26
registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Memorandum of Understanding dated 30.01.2023, 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 Hemant Kumar PS Special Cell and SI Sachin PS Shalimar Bagh, Delhi who are 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 she has entered into the aforementioned MOU out of her own free will, volition and without any coercion. She 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.25,000/- to be deposited by the petitioners with the Delhi State Legal Services Authority(Account No.18580110053263, UCO Bank, Branch Rouse Avenue, IFSC:
UCBA0003364) 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. The Order is downloaded from the DHC Server on 22/04/2024 at 14:09:27
9.
Proof evidencing receipt of deposit shall be filed with the I.O., failing which the IO shall be at liberty to move an appropriate application in this regard.
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 applications.
MANOJ KUMAR OHRI, J APRIL 9, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/04/2024 at 14:09:27