Sulekh Chand v. State ORS & ANR.
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6515/2023 SULEKH CHAND ..... Petitioner Through:
Ms. Shweta Rani and Mr. Pankaj Kumar, Advocates with petitioner in person.
versus STATE ORS & ANR ..... Respondents Through:
Mr. Laksh Khanna, APP for State with SI Abhay PS Model Town and ASI Abdul Khalil PS.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 16.01.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 228/2018 registered under Sections 279/338 IPC at Police Station Model Town, New Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR on 22.06.2018 when the complainant was going towards GTB Nagar via Rana Pratap Bagh on his motorcycle, a person driving the car in a very rash manner came from the Vijay Nagar side and hit his bike as a result of which he fell down from his bike and suffered injuries.
3.
Mr. Laksh Khanna, learned APP for the State, on instructions, submits that the petitioner is the only accused person and respondent No.2 is the only complainant/victim in the present case. It is further submitted that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
charge-sheet has been filed and charge yet to be framed. 4.
Learned counsel for the petitioner submits that the present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes on 11.02.2023 before the Lok Adalat, Rohini Courts Complex, New Delhi, a copy of which has been placed on record. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioner. 5.
The petitioner, who is present in Court, has been identified by his counsel as well as the I.O./ SI Abhay PS Model Town, New Delhi who is present in the Court. Respondent No. 2 is also present in Court and has been identified by the I.O.
6.
The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No. 2 also states that he has entered into the aforementioned settlement out of his own free will, volition and without any coercion. He further states that he has no objection if the present FIR and consequent proceedings are quashed. Affidavit of Respondent no.2 has been placed on record.
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.10,000/- to be deposited by the petitioner with the Delhi State Legal Services Authority ('DSLSA') within a period of two weeks from today. The amount so deposited shall be utilized by the DSLSA for providing counselling/psychological support to POCSO victims The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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, DSLSA for intimation.
11.
With the above directions, the petition is disposed of. 12.
In case proof of the deposit of cost is not placed on record, the Registry to list the matter before this Court. MANOJ KUMAR OHRI, J JANUARY 16, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.