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High Court of DelhiCRL.M.C./7000/2023

Girish Kumar Sharma & ANR. v. The State NCT Of Delhi Through Sho P S Maurya Enclave & ANR.

2024-01-15Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7000/2023 GIRISH KUMAR SHARMA & ANR.

..... Petitioners Through: Mr.Anil Shukla, Advocate with petitioners in person versus THE STATE NCT OF DELHI THROUGH SHO P S MAURYA ENCLAVE & ANR.

..... Respondents Through: Mr.Ritesh Kr. Bahri, APP for State with Insp. Naresh Mr.Raghav Arora, Advocate for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 15.01.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.471/2018 registered under Sections 354/354B/323/34 IPC at P.S. Maurya Enclave, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, on 30.07.2018, while the petitioner's and respondent's family met to settle certain issues, a scuffle broke out. During the same, the petitioners abused and beat respondent No.2.

3.

Learned APP for the State, submits that in the present case the petitioners are the only accused persons and respondent No.2 is the only complainant/victim.

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

4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Deed of Settlement dated 30.04.2022 and that, in terms of the settlement, respondent No.2 is now left with no claim whatsoever against the present petitioners.

5.

The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.

6.

The petitioners have shown remorse for their conduct s and they undertake not to repeat the same in future. Respondent No. 2 states that she has entered into the aforesaid Deed of Settlement 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.

Learned counsel for the petitioners submits that a cross FIR being FIR No.319/2018 registered under Sections 354/354-B/509 IPC at P.S. Maurya Encalve, Delhi pending between the parties has also been quashed vide CRL.M.C. 6974/2023.

8.

The parties shall remain bound by the statements made in Court today.

9.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of costs of Rs.10,000/- by each petitioner to be deposited with the Delhi State Legal Services Authority 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

assistance.

10.

Proof evidencing receipt of deposit shall be filed with the Investigating Officer as well as in Court.

11.

With the above directions, the petition is disposed of. 12.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. 13.

The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioners is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J JANUARY 15, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.