Umakant Yadav@ Yash & ANR. v. State & ORS.

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6326/2023 UMAKANT YADAV@ YASH & ANR.

..... Petitioners Through: Mr.Siddharth Yadav, Advocate versus STATE & ORS.

..... Respondents Through: Mr.Hitesh Vali, APP for State with SI Ajit Singh

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 10.01.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.60/2017 registered under Sections 308/323/506/34 IPC at P.S. Uttam Nagar (South West), Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the present case was registered on the complaint of respondent Nos.2 to 4/complainants. The present FIR relates to an incident which occurred on 30.01.2017 at around 10 PM, when due to a tenancy related dispute, a scuffle took place leading to injuries to respondent Nos.2 to 4.

3.

Learned APP for the State submits that in the present case, the petitioners are the only accused persons and respondent Nos.2 to 4 are the only complainants/victims. He points out that the injuries were inflicted on the head with wooden stick and brick, resulting in a charge under Section 308 being added. However, MLC No.663/2017 relating to the said respondent mentions that the injuries are simple in nature. Further, MLC The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No.664/2017 w.r.t respondent No.3 and medical examination of respondent No.4 mentions that the said injuries inflicted upon the said respondents were simple in nature.

4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Memorandum of Understanding dated 07.08.2023 and in terms of the settlement, respondent Nos.2 to 4 are now left with no claim whatsoever against the present petitioners. The respondents have received the entire settlement amount.

5.

The petitioners and respondent Nos.2 to 4, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.

6.

Respondent Nos.2 to 4 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 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 costs of Rs.10,000/- by each petitioner 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

counselling/psychological support to POCSO victims requiring such assistance.

10.

Proof evidencing receipt of deposit 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 JANUARY 10, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.