Akash & ANR. v. The State Of NCT Of Delhi & ANR.
$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2878/2024, CRL.M.A. 10985/2024 AKASH & ANR.
..... Petitioners Through:
Ms. Nancy Gunwani, Advocate with petitioners in persons.
versus THE STATE OF NCT OF DELHI & ANR.
..... Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Harsh and HC Praveen, P.S.
Sultanpuri.
Mr. Himanshu Ahuja and Mr. Mohit, Advocates for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 15.04.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No.770/2023 registered under Sections 323/341/427/34 IPC at P.S. Sultanpuri, Delhi on the ground that the parties have amicably settled their disputes.
2.
As per the allegations levelled in the FIR,the petitioners beat respondent No.2 and also damaged his property/goods.
3.
Mr. Jha, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the complainant/victim in the present case.
4.
Learned counsel for the petitioners submits that the parties have amicably settled their disputes vide Memorandum of Understanding-cum-Settlement Deed dated 02.04.2024. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioners. 5.
The petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as the I.O./SI Harsh and HC 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 14:09:24
Praveen, P.S. Sultanpuri, Delhi.
6.
Petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 states that he has entered into the settlement with the petitioners 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.
The parties shall remain bound by the statements made in Court today. 8.
It is informed that a cross FIR being FIRNo. 0769/2023 registered under Sections 323/341/506/34 IPC at P.S. Sultanpuri has also been quashed today vide CRL.M.C. 2914/2024.
9.
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 cost of Rs.5,000/- to be deposited by each of the petitioners with the Delhi State Legal Services Authority (A/c No. 18580110053263, 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 Authorityfor providing counselling/psychological support to POCSO victims requiring such assistance.
10.
Proof evidencing receipt of deposit shall be filed with the I.O.In case receipt of cost is not filed within stipulated time, the I.O. shall be at liberty to move an appropriate application.
11.
A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. 12.
With the above directions, the petition is disposed of alongwith miscellaneous application.
MANOJ KUMAR OHRI, J APRIL 15, 2024 ga 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 14:09:24