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High Court of DelhiCRL.M.C./5528/2023

Tarun Kumar @ Neeraj Kumar And ORS. & ORS. v. State Govt. Of NCT Of Delhi & ANR.

2024-04-16Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5528/2023 & CRL.M.A. 20866/2023 TARUN KUMAR @ NEERAJ KUMAR AND ORS. & ORS.

..... Petitioners Through:

Mr. Vivek Sura, Advocate with petitioners in person.

versus STATE GOVT. OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Sanajeev Sabharwal, APP for State with SI Vinay PS Laxmi Nagar, Delhi.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 16.04.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 13/2021 registered under Sections 323/341/427/452/506/34 IPC at Police Station Laxmi Nagar, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, on 09.01.2024, the petitioners entered the store of the complainant, gave beatings to him and even damaged his property.

3.

Mr. Sanjeev Sabharwal, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the only complainant/victim in the present case. It is further submitted that the charge-sheet has been filed. 4.

Learned counsel for the petitioners submits that the present FIR was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Memorandum of Understanding dated 15.01.2021, a copy of which has been placed on record. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioners. 5.

The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./ SI Vinay PS Laxmi Nagar, Delhi. Respondent No. 2 is also present in Court and has 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 No. 2 also states that he has entered into the aforementioned MOU out of his own free will, volition and without any coercion. He further states that he has 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. failing which the IO shall be at liberty to move appropriate application. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 miscellaneous application.

MANOJ KUMAR OHRI, J APRIL 16, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.