Harsh Kasana & ORS. v. State Of NCT Of Delhi & ANR.
$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5033/2024, CRL.M.A. 19236/2024 HARSH KASANA & ORS.
.....Petitioners Through:
Mr. Vishal Raj Sehijpal, Advocate with petitioners in person.
versus STATE OF NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Laksh Khanna, APP for State with SI Sandeep, P.S. Lajpat Nagar.
Respondent No.2 in person alongwith his counsel.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 05.07.2024 1.
By way of present petition, the petitioners seek quashing of FIR No. 467/2022 registered under Sections 323/341/427/506/109/114/34 IPC at P.S. Lajpat Nagar, Delhi on the ground that the parties have amicably settled their disputes.
2.
As per the allegations levelled in the FIR, the petitioners and respondent no. 2 indulged in a fight and the petitioners gave beatings to respondent no. 2/complainant.
3.
Mr. Khanna, 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 further submitted that chargesheet has been filed in the present FIR. 4.
Learned counsel for the petitioners submits that the petitioners and respondent No. 2 are known to each other and present FIR was registered The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Memorandum of Understanding/Settlement dated 30.05.2024, a copy of which has been placed on record.
5.
The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./SI Sandeep, P.S. Lajpat Nagar, Delhi who is present in the Court. Petitioners have shown remorse for their conduct and undertake not to repeat the same in future.
6.
Respondent No. 2 is also present in Court and has been identified by his counsel as well as by the I.O. He states that he has entered into the aforementioned MOU 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.
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.5,000/- to be deposited by each of the petitioners with the Delhi State Legal Services Authority(Account No.18580110053263, UCO Bank, Branch Rouse Avenue, IFSC:
UCBA0003364) within a period of two 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. failing The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
which, IO shall be at liberty to move appropriate application before this 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.
MANOJ KUMAR OHRI, J JULY 5, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.