Ravi Kumar @ Kalu & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6843/2023 & CRL.M.A. 25597/2023 RAVI KUMAR @ KALU & ORS.

..... Petitioners Through:

Mr. Rajan Kumar Prasad, Advocate alongwith Petitioners in person.

versus STATE (GOVT. OF NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Sanajeev Sabharwal, APP for State with SI Rajiv Gautam PS Badarpur, Delhi.

Ms. Nitika Agarwal, Advocate for respondent Nos.2 to 4 alongwith respondent Nos.2 to 4 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 23.02.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 261/2023 registered under Sections 323/324/341/452/147/148/149/120B/34 IPC at Police Station Badarpur, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners gave beatings to the complainant and his family as a result of which they sustained injuries.

3.

Mr. Sanjeev Sabharwal, 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. He further states upon instructions from the IO that there is another injured namely Ritik who The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

is present in the Court today and is identified by the IO. He has also joined the request and states that he has no objection to the quashing of the present FIR.

4.

Learned counsel for the petitioners 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 vide Memorandum of Understanding dated 11.08.2023, a copy of which has been placed on record as Annexure-B. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioners. He further states that amended memo of parties has been filed and Urmila and Shyam Kali have also been impleaded as respondent Nos.3 and 4. 5.

The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./ SI Rajiv Gautam PS Badarpur, Delhi who is present in the Court. Respondent Nos. 2 to 4 and another injured namely Ritik also present in Court and has been identified by the I.O. 6.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent Nos. 2 to 4 and Ritik also state that they have entered into the aforementioned MOU 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.

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.50,000/- to be deposited by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioners with the Delhi State Legal Services Authority 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 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 alongwith miscellaneous application.

12.

In case proof of deposit is not filed within two weeks, the matter be placed before the Court.

MANOJ KUMAR OHRI, J FEBRUARY 23, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.