Ganga Khanna & ORS. v. State Of Delhi & ANR.
$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2823/2024 & CRL.M.A. 10703/2024 GANGA KHANNA & ORS.
..... Petitioners Through:
Mr. Atul Kumar Sharma, Advocate with petitioners in person.
versus STATE OF DELHI & ANR.
..... Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Ramvir Singh PS Burari, Delhi.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 08.04.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 246/2015 registered under Sections 323/308/451/34 IPC at Police Station Burari, Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR, the petitioners had entered the house of the complainant and had given beatings to him as a result of which injuries were sustained.
3.
Mr. Nawal Kishore Jha, 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. He further states that other two injured persons namely Rajesh and his Sri Kishan have since expired. 4.
Learned counsel for the petitioners submits that there are total six accused persons while the present petition has been filed by only three of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
them. He states that the remaining accused have been declared proclaimed offenders by the trial court. He states that the present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes before Delhi Mediation Centre, Tis Hazari Courts, Delhi on 27.11.2020, 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 Ramvir Singh PS Burari, Delhi who is 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 compromise 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. 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 qua the present petitioners only and proceedings will continue with respect to other accused, subject to payment of cumulative cost of Rs.20,000/- 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 authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 as well as to the concerned Trial Court.
11.
With the above directions, the petition is disposed of alongwith miscellaneous application.
12.
In case receipt of cost is not filed within two weeks, the matter be placed before the Court.
MANOJ KUMAR OHRI, J APRIL 8, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.