Rakesh & ANR. v. The Govt Of NCT Of Delhi & ANR. & ORS.
$~105 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2389/2024 RAKESH & ANR.
..... Petitioners Through: Mr.N.S. Sisodia, Advocate with petitioners in person versus THE GOVT OF NCT OF DELHI & ANR.
..... Respondents Through: Mr. Aashneet Singh, APP for State with SI Deepak Mr.Ankit Dixit, Advocate for respondent No.2 with respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 22.03.2024 CRL.M.A. 9163/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
The application is disposed of.
CRL.M.C. 2389/2024 1.
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.651/2014 registered under Sections 323/341/354/506/34 IPC at P.S. Burari, Delhi on the ground that the parties have amicably settled their disputes.
2.
As per the allegations levelled in the FIR, the petitioners beat, abused and misbehaved with respondent No.2.
3.
Learned APP for the State submits that in the present case the petitioners are the accused persons and respondent No.2 is the only complainant/victim.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Learned counsels for the parties submit that the parties have entered into a settlement vide Memorandum of Understanding dated 31.07.2023. It is further submitted that out of the settlement amount of Rs.10,00,000/-, the balance amount of Rs.5,00,000/- is being paid today through a demand draft bearing No.734177 dated 04.03.2024 drawn on UCO Bank, New Sabzi Mandi. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners.
5.
The petitioners and respondent No.2, 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 No.2 state that she has entered into the aforesaid Memorandum of Understanding out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed subject to encashment of the aforesaid demand draft handed over to her. 7.
Learned counsels for the parties submit that no other proceedings are pending between the parties.
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 encashment of the aforesaid demand draft and further subject to payment of cumulative cost of Rs.10,000/- by the petitioners to be deposited with the Delhi State Legal Services Authority within a period of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
four 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..
10.
Proof evidencing receipt of deposit 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 22, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.