Narender Singh Tokas v. State (Govt. Of NCT Of Delhi) And ANR.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5009/2022 NARENDER SINGH TOKAS ..... Petitioner Through:

Mr.Dhanajai Kaushal, Adv.

versus STATE (GOVT. OF NCT OF DELHI) AND ANR.

..... Respondents Through:

Mr.Aman Usman, APP with SI Nisha.

Ms.Pramilla Tokas, R-2 through VC.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 18.01.2024 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.718/2015 registered at Police Station: Vasant Vihar, New Delhi under Sections 341/506/509/354B of the Indian Penal Code, 1860 (in short, 'IPC') along with all other proceedings arising therefrom. 2.

The learned counsel for the petitioner submits that the parties have amicably settled the disputes.

3.

The respondent no.2, who is present through video conferencing, who has been duly identified by the IO, submits and affirms the same and submits that she does not have any objection if the present FIR is quashed.

4.

In view of the above and considering the Settlement arrived at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

between the parties vide the Memorandum of Understanding dated 10.07.2023, I find that there would be no use in continuing with the proceedings in the present FIR as it would rather create further acrimony between the parties and will be a misuse of the process of the Court and an unnecessary burden on the State exchequer. 5.

Keeping in mind the facts of the present case and being guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbathai Aahir @ Parbatbhai Bimsinh Karmur & Ors. v. State of Gujarat & Ors. and (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

6.

Consequently, FIR No.718/2015 registered at Police Station: Vasant Vihar, New Delhi under Sections 341/506/509/354B of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner deposits costs of Rs.25,000/- with Delhi State Legal Services Authority within a period of two weeks from today. The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing counselling/psychological support to the POCSO Victims requiring such assistance.

7.

The petitioner shall file, with the Registry of this Court, proof of such deposit of the above costs and also supply a copy thereof to the concerned IO within the said period.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

The petition is allowed in the above terms.

NAVIN CHAWLA, J JANUARY 18, 2024/Arya/am Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.