Ashu Gulati @ Ashkaran v. State & ANR.
$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5657/2023 ASHU GULATI @ ASHKARAN ..... Petitioner Through:
Mr. Narendra Kalra, Advocate with petitioner in person.
versus STATE & ANR ..... Respondents Through:
Mr. Sanjeev Sabharwal, APP for State with SI Rohit PS Rajouri Garden, New Delhi.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 10.04.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 128/2014 registered under Section 365 IPC at Police Station Rajouri Garden, New Delhi on the ground that the parties have amicably settled their disputes. 2.
The allegations in the FIR pertain to an incident where the complainant's daughter was induced into leaving her house by the petitioner. 3.
Mr. Sanjeev Sabharwal, learned APP for the State, on instructions, submits that the petitioner is the only accused and respondent No.2 is the only complainant/victim in the present case.
4.
Learned counsel for the petitioner submits that the present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes before Mediation Centre, Tis Hazari Courts, Delhi on 20.12.2017, a copy of which The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
has been placed on record. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioner. 5.
The petitioner, who is present in Court, has been identified by his counsel as well as the I.O./ SI Rohit PS Rajouri Garden, New Delhi. Respondent No. 2 is also present in Court and has been identified by the I.O. 6.
Respondent No. 2 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 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 such assistance.
9.
Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court.
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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
12.
In case receipt of cost is not filed within two weeks, the matter be placed before the Court.
MANOJ KUMAR OHRI, J APRIL 10, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.