Gautam & ORS. v. State NCT Of Delhi & ANR.

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2597/2024 GAUTAM & ORS.

..... Petitioners Through: Mr.Kapil Parashar, Advocate with petitioners in person versus STATE NCT OF DELHI & ANR.

..... Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Deepak Kumar Mr.Mohd. Shariq and Mr.Umar Draj, Advocates for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 03.04.2024 CRL.M.A. 9905/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 2597/2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.257/2018 registered under Section 452/323/427/506/34 IPC at P.S. Subzi Mandi, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners entered into respondent No.2's shop and vandalized, caused injuries to respondent No.2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and intimidated him.

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 complainant/victim.

4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Settlement Deed dated 15.02.2024 and in terms of the settlement, respondent No.2 is now left with no claim whatsoever against the present 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 states that he has entered into the aforesaid Settlement 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. 7.

Learned counsel for the petitioner submits that cross FIR being FIR No.255/2018 registered under Section 354/354A/506/509/34 IPC at P.S. Subzi Mandi, Delhi has also been quashed today vide CRL.M.C. 2634/2024. 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 collective cost of Rs.25,000/- by the petitioners to be deposited with the Delhi State Legal Services Authority The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(A/c No.: 18580110053263, Bank: UCO BANK, Branch: Rouse Avenue, IFSC: UCBA0003364) within a period of 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 APRIL 3, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.