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High Court of DelhiCRL.M.C./6543/2023

Bimal Vig & ORS. v. State Of NCT Of Delhi & ANR.

2024-03-05Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6543/2023 BIMAL VIG & ORS.

..... Petitioners Through:

Mr. Saurabh Mishra, Advocate with petitioners in person.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Amit Verma PS Hari Nagar, Delhi.

Mr. Mohit Auluck, Advocate for respondent No. 2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 05.03.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 573/2019 registered under Sections 324/354/509/34 IPC at Police Station Hari Nagar, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioners hurled abuses and even gave beatings to the complainant as a result of which he sustained injuries.

3.

Mr. Nawal Kishore Jha, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the only complainant/victim in the present case. It is stated that charge-sheet has been filed in this case.

4.

Learned counsel for the petitioners submits that the parties are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

neighbours and the present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Memorandum of Settlement dated 27.04.2023, a copy of which has been placed on record. In terms of the said settlement, complainant/injured is now left with no claim or grievance against the petitioners.

5.

The petitioners and respondent No.2, who are present in Court, have been identified by their counsel as well as the I.O./ SI Amit Verma PS Hari Nagar, Delhi.

6.

The petitioners have shown remorse for their conduct and undertake 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 no objection if the present FIR and consequent proceedings are quashed. 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.20,000/- to be deposited by each of the petitioners 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.

9.

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

as in Court.

10.

A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. 11.

With the above directions, the petition is disposed of alongwith miscellaneous application.

12.

In case receipt of deposit of cost is not filed within four weeks, the matter be placed before the Court.

MANOJ KUMAR OHRI, J MARCH 5, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.