Sahil Malik v. State Of NCT Delhi & ANR.
$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5785/2023 SAHIL MALIK ..... Petitioner Through:
Mr. Vikram Singh Nayal, Mr. Sujit Kumar, Mr. Mukesh Kumar, Mr.
Rohit Singh and Mr. Prince Kumar, Advocates with petitioner in person.
versus STATE OF NCT DELHI & ANR ..... Respondents Through:
Mr. Sanjiv Sabharwal, APP for State with SI Ashish PS Janakpuri, Delhi and ASI Ashok PS Khyala, Delhi.
Respondent No.2 through VC.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 22.03.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 0377/2018 registered under Sections 279/338 IPC at Police Station Janakpuri, Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR the petitioner while negligently driving his car hit the complainant's motorcycle thereby causing injury.
3.
Mr. Sanjeev Sabharwal, learned APP for the State, on instructions, submits that the petitioner are the only accused and respondent No.2 is the only complainant/victim in the present case.
4.
Learned counsel for the petitioners submits that the present FIR was registered due to misunderstanding and with the intervention of family The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
members and friends, parties have amicably settled their disputes on 04.05.2023 and an affidavit of respondent No.2 in this regard 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 petitioners, who are present in Court, have been identified by their counsel as well as the I.O./ SI Ashish PS Janakpuri, Delhi who is present in the Court. Respondent No. 2 who has joined the proceedings through VC has also been identified by the I.O. 6.
The petitioner has shown remorse for his conduct. Respondent No. 2 also states that he has entered into the aforementioned compromise 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.5,000/- to be deposited by the petitioner 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. as well as in Court.
10.
A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
11.
With the above directions, the petition is disposed of. 12.
In case proof of deposit of cost is not filed within two weeks, the matter be placed before the Court.
MANOJ KUMAR OHRI, J MARCH 22, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.