Sunil Kumar And ANR v. The State NCT Of Delhi And ANR
$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1531/2024 SUNIL KUMAR AND ANR .....Petitioners Through:
Dr. Suman Tanwar, Advocate with petitioners in person.
versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Rahul Tyagi, ASC (Crl.) for the State with SI Anup Rana PS Paschim Vihar, Delhi.
Mr. Surender Parashar, Advocate for respondent no.2 with respondent no.2 through VC.
Victims 'D' and 'A' through VC.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 15.10.2024 1.
The present proceedings are instituted on behalf of the petitioners seeking quashing of FIR No. 0005/2024 registered under Sections 354D/506/509/34 IPC at Police Station Paschim Vihar, West District, Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR, the petitioners made inappropriate gestures and remarks against the respondent No.2 and other victims.
3.
Mr. Rahul Tyagi, ASC (Crl.) for the State, on instructions, submits that the petitioners are the only accused persons and there are three victims i.e. respondent No. 2 and two other victims 'D' and 'A' 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.
He further submits that in the present case charge sheet is yet to be filed. He further states that considering the serious nature of allegations/averments made and the fact that the State machinery has been put in motion, the petitioners may be saddled with heavy costs.
4.
Learned counsel for the petitioners submits that the present FIR was registered due to misunderstanding and with the intervention of the elders, close relatives and well-wishers, the parties have amicably settled their disputes vide Settlement Deed dated 08.05.2024, a copy whereof has been placed on record. In terms of the said settlement, respondent No. 2/complainant and other two victims 'D' and 'A' are now left with no claim or grievance against the petitioners.
5.
The petitioners and respondent no.2 who are present in the Court and the other two victims 'D' and 'A', who have joined the proceedings through VC are identified by their counsels as well as by the Investigating Officer/ SI Anup Rana, PS Paschim Vihar, Delhi.
6.
The petitioners have shown remorse for their conduct and they undertake not to repeat the same in future. Respondent No. 2 and other victims 'D' and 'A' also state that they have entered into the aforementioned settlement 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 counsel for the petitioners submits that no other proceedings are pending between the parties.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.30,000/- by each of the petitioners to paid to the three victims equally by way of demand draft through IO within a period of two weeks from today.
10.
Proof evidencing receipt of payment of cost shall be filed with the Investigating Officer.
11.
With the above directions, the petition is disposed of. 12.
In case proof of deposit of cost is not filed within two weeks, IO shall be at liberty to move an appropriate application in this regard. MANOJ KUMAR OHRI, J OCTOBER 15, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.