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High Court of DelhiCRL.M.C./3425/2024

Parth Malik v. State & ORS.

2024-05-01Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3425/2024 PARTH MALIK ..... Petitioner Through: Mr.Ishank Gupta, Mr.Gaurav and Mr.Punit, Advocates with petitioner in person versus STATE & ORS.

..... Respondents Through: Mr.Sanjeev Sabharwal, APP for State with SI Deepak Mr.VikasBidhuri, Mr.Kunal and Mr.Sohit, Advocates for respondent Nos.2 to 4 with respondent Nos.2 to 4 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 01.05.2024 CRL.M.A. 13163/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 3425/2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.43/2020 registered under Sections 279/337 IPC at P.S. Okhla IndustrialArea, New Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioner, while driving his car negligently, caused injuries to respondent Nos. 2 to 4. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Learned APP for the State submits that in the present case the petitioner is the only accused and respondent Nos.2 to 4 are the only complainants/victims.

4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Memorandum of Compromise dated 29.04.2024 and in terms of the settlement, respondent Nos.2 to 4 are now left with no claim or grievance whatsoever against the petitioner. 5.

The petitioner and respondent Nos.2 to 4, who are present in the Court, have been identified by their respective counsels as well as by the Investigating Officer.

6.

The petitioner has shown remorse for his conduct and he undertakes not to repeat the same in future. Respondent Nos.2 to 4 state that they have entered into the aforesaid Memorandum of Compromise 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.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

8.

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

9.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cost of Rs.2,00,000/- by the petitioner out of which Rs.50,000/- shall be paid to each of the complainant/victim by way of demand draft through I.O. and the remaining Rs.50,000/- shall be deposited The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

with the Delhi State Legal Services Authority (A/c No.: 18580110053263, Bank: 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 Authority for 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 the receipt of cost is not filed within the stipulated time, the I.O. shall be at liberty to move an appropriate application.

11.

With the above directions, the petition is disposed of. 12.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. MANOJ KUMAR OHRI, J MAY 1, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.