Vivek v. State NCT Of Delhi And ORS.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4566/2024 VIVEK ..... Petitioner Through: Mr.Ranjeet Kumar, Advocate with petitioner in person versus STATE NCT OF DELHI AND ORS.

..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Prashant Respondent No.2 and father of respondent No.3 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 29.05.2024 CRL.M.A. 17174/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 4566/2024 and CRL.M.A. 17173/2024 (stay) 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.219/2024 registered under Sections 279/337 IPC at P.S. Kanjhawala, New Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioner, while driving his car negligently injured respondent No.3.

3.

Learned APP for the State submits that in the present case the petitioner is the only accused and respondent Nos.2 to 3 are the only The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

complainants/victims. He further submits that the injured/respondent No.3, being a minor, is represented by his father.

4.

Learned counsel for the petitioner submits that the parties have entered into a settlement vide Memorandum of Understanding dated 14.05.2024 and in terms of the settlement, respondent Nos.2 to 3 are 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 and father of respondent No.3, who are also present in the Court, have been identified by the Investigating Officer.

6.

The petitioner has shown remorse for his conduct and he undertakes not to repeat the same in future. Respondent No.2 and father of respondent No.3 state that they have entered into the aforesaid Memorandum of Understanding 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.

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.10,000/- by the petitioner to be deposited with the Delhi State Legal Services Authority (A/c No.: 18580110053263, Bank: UCO BANK, Branch: Rouse Avenue, IFSC: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

UCBA0003364) within a period of four 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.

10.

Proof evidencing receipt of deposit shall be filed with the I.O. In 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 alongwith the pending application.

12.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. 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.