Mahesh Kumar v. State Of NCT Of Delhi And ANR.
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4217/2024 MAHESH KUMAR .....Petitioner Through:
Mr. Jyotirmay Vasishtt, Mr. Pushaan Gulia, Advocates (M:9871207079) with petitioner in person.
versus STATE OF NCT OF DELHI AND ANR .....Respondents Through:
Mr. Shoaib Haider, APP for State with SI Brham Prakash PS Sarita Vihar, New Delhi.
Mr. Naveen Kumar and Mr. Anshul Garg, Advocates for respondent no.2 with respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 01.10.2024 1.
The present proceedings are instituted on behalf of the petitioner seeking quashing of FIR No. 143/2024 registered under Sections 308/506 IPC at Police Station Sarita Vihar, New Delhi on the ground that the parties have amicably settled their disputes.
2.
As per the allegations levelled in the FIR, the petitioner hurled abuses and gave beatings to the respondent No2.
3.
Mr. Shoaib Haider, learned APP for the State, on instructions, submits that the petitioner is the only accused and respondent No.2 is the complainant/victim in the present case. It is further submitted that the present case is at the stage of investigation. He further submits that though the parties have compromised, however, since the State machinery has been put in motion, some cost may therefore be imposed upon the petitioner. 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 are neighbours and the present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Settlement Deed dated 29.04.2024, a copy of which has also been placed on record. In terms of the said settlement, complainant/respondent No.2 is now left with no claim or grievance against the petitioner.
5.
The petitioner and respondent No.2, who are present in Court, have been identified by their respective counsels as well as the I.O./SI Brham Prakash P.S. Sarita Vihar, New Delhi.
6.
The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No.2 also states that he has entered into the aforementioned settlement 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 cumulative cost of Rs.10,000/- to be deposited by the petitioner with the Delhi State Legal Services Authority(Account No.18580110053263, UCO Bank, Branch Rouse Avenue, IFSC:
UCBA0003364) 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
such assistance.
9.
Proof evidencing receipt of deposit shall be filed with the I.O. 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. 12.
In case the proof of cost is not filed within two weeks, the IO shall be at liberty to move an appropriate application in this regard. MANOJ KUMAR OHRI, J OCTOBER 1, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.