Areeb Ali & ANR. v. State & ANR.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7074/2023, CRL.M.A. 26387/2023 AREEB ALI & ANR.

..... Petitioners Through:

Mr. Naveen Kumar, Ms. Poonam and Mr. Ujjal Das, Advocates with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr. Laksh Khanna, APP for State with SI Kavish Rana, P.S. Laxmi Nagar.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 10.04.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 160/2023 registered under Sections 380/34 IPC at P.S. Laxmi Nagar, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, amounts were fraudulently withdrawn from the account of the complainant at the behest of the petitioners.

3.

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

4.

At this stage, learned counsel for the petitioners submits that a settlement has been arrived at between respondent No. 2 and petitioner Nos. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

1 and 2 only vide Settlement Agreement dated 24.12.2023, therefore, it is prayed that present FIR be quashed qua the said petitioners only. It is further submitted that in terms of the settlement, petitioners have paid entire settled amount of Rs 3,98,000/- to the respondent No.2. 5.

Petitioners no. 1 and 2, who are present in Court, have been identified by their counsel as well as the I.O./SI Kavish Rana, P.S. Laxmi Nagar. Petitioners have shown remorse for their conduct and undertake not to repeat the same in future.

6.

Respondent No. 2 is present in Court and has been identified by the I.O. He states that he has settled the disputes with the petitioner no.s 1 and 2 only out of his own free will, volition and without any coercion. He also acknowledges the receipt of entire settled amount and states that he has no objection if the present FIR and consequent proceedings are quashed qua the said petitioners and prays for proceedings to continue against petitioner no.3.

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 (A/c No. 18580110053263, UCO Bank, Branch:

Rouse Avenue, IFSC:

UCBA0003364) within a period of four weeks from today. The proceedings shall continue against remaining accused i.e petitioner no.3. The amount so deposited shall be utilized by the DSLSA 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 failing which, the Registry shall list the matter in the 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 APRIL 10, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.