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High Court of DelhiCRL.M.C./3258/2024

Manoj Chhibber v. State Of NCT Of Delhi & ANR.

2024-04-26Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~102 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3258/2024, CRL.M.A. 12564/2024 MANOJ CHHIBBER ..... Petitioner Through:

Ms. Kavita Chhiber and Ms. Pushpa Chhiber, Advocates with petitioner in person.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Shivendra Singh, P.S.

Subhash Palace.

Mr. Manoj Kumar, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 26.04.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 610/2014 registered under Sections 354/323/509 IPC at P.S. Saraswati Vihar (Now Subhash Place), Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioner made repeated inappropriate gestures towards the complainant and even gave her beatings as a result of which injuries were sustained. 3.

Mr. Jha, learned APP for the State, on instructions, submits that the petitioner is the only accused person and respondent No.2 is the complainant/victim in the present case.

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

4.

Learned counsel for the petitioner submits that the petitioner and respondent No. 2, who are known to each other, have amicably settled their disputes vide Memorandum of Settlement dated 23.03.2024, a copy of which has been placed on record.

5.

It is informed that another FIR No. 305/2014 registered under Sections 354A/201/506/509 IPC at P.S. Saraswati Vihar (Now Subhash Place) has also been quashed by this Court vide today's order passed in CRL.M.C. 3257/2024.

6.

Petitioner and respondent No.2, who are present in Court, have been identified by their respective counsel as well as the I.O./SI Shivendra Singh, P.S. Subhash Palace, Delhi. Petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. 7.

Respondent No. 2 states that she has entered into the settlement with the petitioner 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.

8.

The parties shall remain bound by the statements made in Court today.

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 cumulative cost of Rs. 25000/- out of which, Rs.15,000/- shall be paid to respondent No.2 by way of a demand draft through I.O. and balance Rs. 10,000/- shall be deposited 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

today. The amount so deposited shall be utilized by the DSLSA for providing counselling/psychological support to POCSO victims requiring such assistance.

10.

Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court failing which, the I.O. shall be at liberty to move 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 26, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.