Mohd Yamin & ORS. v. State Of NCT Delhi & ORS.

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3895/2023 MOHD YAMIN & ORS.

..... Petitioners Through:

Ms. Shumaila and Ms. Manvi Gupta, Advocates with petitioners in person.

versus STATE OF NCT DELHI & ORS.

..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Abhishek PS Khajuri Khas, Delhi.

Respondent Nos. 2, 3 and 4 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 14.03.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No. 102/2012 registered under Sections 308 IPC at Police Station Khajuri Khas, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners caused injuries to respondent Nos. 2 to 4 using heavy poles and bars. 3.

Mr. Nawal Kishore Jha, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent Nos.2 to 4 are the only complainants/victims. 4.

Learned counsel for the petitioners submits that the parties have amicably settled their disputes vide Memorandum of Understanding/Compromise Deed dated 10.10.2022. In terms of the said settlement, complainants/victims are now left with no claim or grievance against the petitioners.

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

5.

The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./ SI Abhishek PS Khajuri Khas, Delhi. Respondent Nos. 2 to 4, who are also present in Court, have 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 Nos. 2 to 4 also state that they have entered into the aforementioned MoU/Compromise Deed out of their own free will, volition and without any coercion. They further state that they have 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, subject to payment of cost of Rs.10,000/- to be deposited by each of the petitioners with the Delhi State Legal Services Authority within a period of two 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.

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. 11.

With the above directions, the petition is disposed of alongwith The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 MARCH 14, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.