Ashish Bhardwaj v. The State & ANR.

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4394/2023 and CRL.M.A. 16827/2023 ASHISH BHARDWAJ ..... Petitioner Through: Mr. Vishal Chhabra, Advocate with petitioner in person versus THE STATE & ANR.

..... Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI KM Jyoti Ms.Ayushi, Advocate for respondent No.2 with respondent No.2 through V.C.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 12.03.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.557/2017 registered under Sections 354A/354D/509 IPC at P.S. Hari Nagar, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioner abused and misbehaved with respondent No.2.

3.

Learned APP for the State submits that in the present case the petitioner is the only accused and respondent No. 2 is the only complainant/victim.

4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Compromise Deed dated 18.03.2023 and in terms of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the settlement, respondent No.2 is now left with no claim whatsoever against the petitioner.

5.

The petitioner, who is present in the Court and respondent No.2, who have joined the proceedings through V.C., 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 No.2 states that she has entered into the aforesaid Memorandum of Understanding 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. 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.25,000/- by the petitioner out of which Rs.15,000/- shall be paid to respondent No.2 by way of a Demand Draft through Investigating Officer and remaining Rs.10,000/- shall be deposited with the Delhi State Legal Services Authority 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 and payment shall be filed with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Investigating Officer as well as in Court. 11.

With the above directions, the petition is disposed of alongwith the pending application.

12.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. 13.

The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioner is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J MARCH 12, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.