Manas Godara & ORS. v. The State & ANR.

$~104 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7061/2023, CRL.M.A. 26350/2023 MANAS GODARA & ORS.

..... Petitioners Through:

Mr. Jaideep Malik and Mr. Pranav Sharma, Advocates with petitioners in person.

versus THE STATE & ANR.

..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with ASI Girish Kumar, P.S. Amar Colony.

Mr. Nitesh, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 22.01.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No. 233/2023 registered under Sections 308/34 IPC at Police Station Amar Colony, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, on 17.05.2023 at around 8:30 pm when respondent No.2 was going towards Shiva Temple with his friend namely Himasu Jajam, the petitioners, who were already present there having earlier enmity with his friend, abused and attacked respondent No.2.

3.

Mr. Sabharwal, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

only complainant/victim in the present case. He further submits that chargesheet has been filed in the present case. 4.

Learned counsel for the petitioners submits that petitioners and respondent No.2 are known to each other and that the present FIR was registered due to misunderstanding and that the parties have amicably settled their disputes vide Compromise-cum-Settlement Deed dated 22.09.2023, a copy of which has been placed on record. In terms of the said settlement, respondent No.2 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 IO/ASI Girish Kumar, P.S. Amar Colony, Delhi.

6.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 also states that he has entered into the aforementioned settlement out of his own free will, volition and without any coercion. He further states that he has no objection if the present FIR and the 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 cost of Rs.5,000/- to be deposited by each of the petitioners with the Delhi State Legal Services Authority within a period of four weeks from today. The amount so deposited shall be utilized by the Delhi State Legal Services Authority for providing The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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, Delhi State Legal Services Authority for intimation. 11.

With the above directions, the petition is disposed of alongwith miscellaneous application.

MANOJ KUMAR OHRI, J JANUARY 22, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.