Mustak Ali & ORS. v. State (Through Sho Ps Alipur) & ORS.

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6299/2023 MUSTAK ALI & ORS.

..... Petitioners Through: Mr.Kamlesh Kumar, Advocate with petitioners in persons versus STATE (THROUGH SHO PS ALIPUR) & ORS. ..... Respondents Through: Mr. Aashneet Singh, APP for State with ASI Rajesh Dahiya and ASI Rabjir Singh Respondent Nos.2 to 4 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 20.03.2024 CRL.M.A. 23582/2023 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 6299/2023 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.227/2020 registered under Sections 308/323/341/506/34 IPC at P.S. Alilpur, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners gave beatings to the respondents with sticks as a result of which injuries were sustained.

3.

Learned APP for the State submits that in the present case the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioners are the only accused persons. Learned APP for the State submits that while Pawan (complainant) has since expired, the three injured namely Hariom, Shri Niwas and Ankit have been impleaded in the present case. Mr. Hariom (respondent No.2), who is the real brother of Pawan is present in court and confirms that Pawan has expired.

4.

Learned counsel for the petitioner submits that the parties have entered into a settlement vide Mutual Settlement dated 15.08.2023 and in terms of the settlement, respondent Nos.2 to 4 are now left with no claim whatsoever against the present petitioners.

5.

The petitioners, who are present in the Court, have been identified by their counsel as well as by the Investigating Officer. Respondent Nos.2 to 4, who are present in the Court, have also been identified by the Investigating Officer.

6.

The petitioners have shown remorse for their conducts and they undertake not to repeat the same in future. Respondent Nos.2 to 4 state that they have entered into the aforesaid Mutual Settlement 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 petitioners 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 each petitioner to be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

deposited with the Delhi State Legal Services Authority 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. The proceedings against the other accused shall remain continued.

10.

Proof evidencing receipt of deposit and payment shall be filed with the Investigating Officer as well as in Court. 11.

With the above directions, the petition is disposed of. 12.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. 13.

The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioners is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J MARCH 20, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.