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High Court of DelhiCRL.M.C./6803/2023

Raj Kumar & ANR. v. State And ANR

2024-04-02Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6803/2023 RAJ KUMAR & ANR.

..... Petitioners Through:

Mr. Vishal Chohan, Advocate with petitioners in person.

versus STATE AND ANR ..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Sandeep, PS Bhalswa Dairy.

Mr. Harsh Gupta and Mr. Vishwajeet Singh, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 02.04.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No. 835/2023 registered under Sections 323/354/452/427/380/506/34 IPC at P.S. Bhalswa Dairy, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioners forcibly entered into respondent No.2's house, took certain cash and also misbehaved with her.

3.

Mr. 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.

4.

Learned counsel for the petitioners submits that the parties have amicably settled their disputes vide Memorandum of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/04/2024 at 12:18:55

Understanding/Settlement Agreement dated 05.09.2023. In terms of the said settlement, complainant 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 respective counsel as well as the I.O./SI Sandeep, PS Bhalswa Dairy, Delhi.

6.

Petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 states that she has entered into the settlement with the petitioners out of her own free will, volition and without any coercion. She further states that she has 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 cumulative cost of Rs.10,000/- to be paid to the respondent No.2 by way of a demand draft through I.O. within four weeks. 9.

Proof evidencing receipt of payment shall be filed with the I.O. as well as in Court failing which, the Registry shall list the matter in the Court. 10.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J APRIL 2, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/04/2024 at 12:18:55