Sanju Kumar And Others v. The State And Others
$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6074/2023 & & Crl. M.A.33459/2023 SANJU KUMAR AND OTHERS ..... Petitioners Through:
Mr. Dheeraj Gautam and Mr. Dinesh Mudgal, Advocates with petitioners in person.
versus THE STATE AND OTHERS ..... Respondents Through:
Mr. Sanjeev Sabharwal, APP for State with SI Vinod Kumar PS Kapashera, Delhi.
Mr. Deepak Kumar, Advocate for respondent Nos. 2 and 3 with respondent Nos. 2 and 3 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 23.01.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No.99/2023 registered under Sections 323/341/308/34 IPC at Police Station Kapashera, New Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR, on 13.02.2023, the petitioners beat respondent No.2 and 3 with wooden sticks. 3.
Mr. Sanjeev Sabharwal, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent Nos.2 and 3 is the only complainant/victim in the present case. 4.
Learned counsel for the parties submit that the parties have amicably settled their disputes vide Memorandum of Understanding dated 12.08.2023. In terms of the said settlement, respondent No.2 and 3 are now left with no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
claim or grievance against the petitioners.
5.
The petitioners and the respondent Nos. 2 and 3who are present in Court, have been identified by their respective counsels as well as the I.O./ SI Vinod Kumar PS Kapashera, Delhi.
6.
The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent Nos. 2 and 3 also state that they have entered into the aforementioned MoU 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.
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/- on each of the petitioners to be deposited 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. 11.
With the above directions, the petition is disposed of alongwith miscellaneous application.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
12.
The Registry shall list the matter before this Court in case receipt of cost to be paid/deposited is not filed within the stipulated time period. MANOJ KUMAR OHRI, J JANUARY 23, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.