High Court of DelhiCRL.M.C./2958/2024

Sahib Singh And ANR v. The State NCT Of Delhi And ORS

2024-07-30Hon'Ble Mr. Justice Dinesh Kumar Sharma4 pages

$~12 to 15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2958/2024 SAHIB SINGH AND ANR.

.....Petitioners versus THE STATE NCT OF DELHI AND ORS.

.....Respondents + CRL.M.C. 2961/2024 NAZEEM @ NIZAM AND ANR.

.....Petitioners versus THE STATE NCT OF DELHI AND ORS.

.....Respondents + CRL.M.C. 2982/2024 SHIV KUMAR AND ORS.

.....Petitioners versus THE STATE NCT OF DELHI AND ORS.

.....Respondents + CRL.M.C. 3238/2024 PANKAJ @ PRAMOD AND ORS.

.....Petitioners versus THE STATE NCT OF DELHI AND ORS.

.....Respondents

Present:

Mr. Sameer Chandra, Mr. Shubham Parashar, Mr Himanshu Yadav and Mr Aryan Tomar advocatesfor petitioners with petitioners in person.

Mr.Digam Singh Dagar, APP for the State.

SI Ayushi PSRK Puram.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

O R D E R

% 30.07.2024 1.

Present petitions have been filed under section 482 CrPC for Quashing of the following FIRs:

Item FIR No.

dated Under Section Police no.

station.

107/2016 09.02.2016 354/354A/509/34 IPC R.K.Puram 237/2016 30.03.2016 354/354A/509/34 IPC R.K.Puram 335/2016 12.07.2016 354/323/341/34 IPC R.K.Puram 334/2016 12.07.2016 354/354B/452/323/341/509 R.K.Puram /34 IPC added Section 8/12 POCSO Act

2. The parties submit that they all belong to the same native village and there wereinter se disputes between them which led to the registration of the above mentioned FIRs. However, the parties have submitted that they have amicably settled all their disputes vide memorandum of settlement dated 06.02.2024 on the following terms and conditions: "1. That the parties of this MOU have decided to settle their disputes without giving and taking any money as parties to the MOU have been the neighbors and they want to settle their dispute for the sake of peace and harmony in the locality.

2. That none of the parties of this MOU shall claim any money from each other in relation to the subject of the FIRs mentioned here-in- above.

3. That neither of the parties shall file in future any case of any nature, civil or criminal, by making the subject matter of the FIRS mentioned as above against each other.

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4. That in the light of the terms & conditions mentioned, herein before, the first party at serial no. 1 (Shrimati) & 2 (Kavita) has agreed to co-operate with the second party at Serial no. 1 (Nazim Hussain) & 2 (Mohd. Naseem) in getting the FIR No. 237/2016 Dt. 30/3/2016, registered at police station RK Puram U/S 354/354A/509/34 IPC, 1860 and the proceedings emanating therefrom pending in the court of Ms. Akansha Garg, Metropolitan Magistrate, Patiala House Court, New Delhi, quashed in its entirety before the Hon'ble High Court by appearing in the High Court of Delhi.

5. That in the light of the terms & conditions mentioned, herein before, the First Party at Serial No. 1 (Shrimati) has agreed to co- operate with the Second Party at Serial No. 1 (Nazim Hussain), 6 (Sunil @Sonu), 7 (Pankaj @Pramod) & 8 (Pawan) in getting the FIR No. 334/2016 Dt. 12/06/2016, registered at Police Station RK Puram U/S 354/452/323/341/509/34 IPC, 1860 and later added Section 8/12 of the POCSO Act, 2012 and the proceedings emanating therefrom pending in the court of Ms. Chhavi Kapoor, ASJ Special Court POCSO/AS, Patiala House Courts, New Delhi, quashed in its entirety before the Hon'ble High Court by appearing in the High Court of Delhi.

6. That in the light of the terms & conditions mentioned, herein before, the Second Party at serial no. 5 (Sarvesh), 6. Sunil and 8. Pawan have agreed to co-operate with the First Party at Serial No. 3 (Bhoop Singh), 4 (Sahib Singh), 5 (Shiv Kumar @ Shibu), 6 (Ravinder Singh) & 7 (Shripal) in getting the Cross FIR No. 335/2016 Dt. 12/07/2016, registered at police station RK Puram U/S 354/323/341/34 IPC, 1860, and the proceedings emanating therefrom pending in the court of Ms. Akansha Garg, Metropolitan Magistrate, Patiala House Court, New Delhi, quashed in its entirety before the Hon'ble High Court by appearing in the High Court of Delhi

7. That in the light of the terms & conditions mentioned, herein before, the Second Party at serial no. 3 & 4 has agreed to cooperate with the First Party at Serial No. 4 (Sahib Singh) & 5 (Shiv Kumar @Shibu) in getting the FIR No. 107/2016 Dt. 09/02/2016, registered at police station RK Puram U/S 354/354A/509/34 IPC, 1860 and the proceedings emanating The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

therefrom pending in the court of Ms. Akansha Garg, Metropolitan Magistrate, Patiala House Court, New Delhi, quashed in its entirety before the Hon‟ble High Court by appearing in the High Court of Delhi."

I.O. has duly identified the parties. The parties submit that they have voluntarily settled the matter without any fear, force or coercion. The dispute was predominantly private in nature.

Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial. 5.

In view of the above, FIR no.107/2016 dated 09.02.2016 undert section 354/354A/509/34 IPC, FIR no. 237/2016 dated 30.03.2016 under section 354/354A/509/34 IPC, FIR no. 335/2016 dated 12.07.2016 under section 354/323/341/34 IPC and FIR no. 334/2016 dated 12.07.2016registered under Section 354/452/323/341/509/511/34 IPC added section 8/12 POCSO Act at PS R.K.Puram and all the other proceedings emanating therefrom are quashed.

The present petition along with all the pending applications stand disposed of.

DINESH KUMAR SHARMA, J JULY 30, 2024 rb/na.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.