Md Ashraf Alam v. The State( Govt Of NCT Of Delhi) And ANR

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4559/2024 MD ASHRAF ALAM ..... Petitioner Through: Mr.Rajbir Singh, Mr.Rajiv Pratap Singh and Mr.Ravi, Advocates with petitioner in person versus THE STATE( GOVT OF NCT OF DELHI) AND ANR ..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Karish Rana Respondent No.2 through V.C.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 29.05.2024 CRL.M.A. 17158/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 4559/2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.1515/2014 registered under Sections 354D/509/506-II IPC and Section 12 POCSO Act at P.S. Shakarpur, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioner intimidated and misbehaved with respondent No.2.

3.

Learned APP for the State submits that in the present case the petitioner is the only accused and respondent No.2 is the only complainant/victim. He further submits that the trial is pending at the stage The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of prosecution evidence and the complainant is yet to be examined. 4.

Learned counsel for the petitioner submits that the parties have entered into a settlement vide Memorandum of Understanding/Compromise Deed dated 08.05.2024 and in terms of the settlement, respondent No.2 is now left with no claim or grievance whatsoever against the petitioner. 5.

The petitioner, who is present in the Court, has been identified by his counsel as well as by the Investigating Officer. Respondent No.2, who has joined the proceedings through V.C., has also been identified by the Investigating Officer.

6.

The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No.2 submits that she is about 27 years of age and further that she has entered into the aforesaid Memorandum of Understanding/Compromise Deed out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed. 7.

Learned counsel for the petitioner submits that no other proceedings are pending between the parties.

8.

The parties shall remain bound by the statements made in Court today.

9.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cost of Rs.20,000/- by the petitioner to be paid to respondent No.2/complainant by way of a demand draft through concerned Investigating Officer within a period of four weeks from today. 10.

Proof evidencing receipt of payment shall be filed with the I.O. In The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

case the receipt of cost is not filed within the stipulated time, the I.O. shall be at liberty to move an appropriate application. 11.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J MAY 29, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.