Mohd Afzal @ Ashu & ORS. v. The State NCT Of Delhi And ORS.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5132/2024 MOHD AFZAL @ ASHU & ORS.

.....Petitioners Through: Mr.Amjad M., Mr.Irshad, Mr.Jaiveer, Mr.Anish, Ms.Memlata and Mr.Sharjeel Malik, Advocates with petitioners in person versus THE STATE NCT OF DELHI AND ORS.

.....Respondents Through: Mr. Nawal Kishore Jha, APP for State with Mr.Kapil P., Ms.Mansi, Mr.Neeraj, Ms.Ira and Mr.Dishant, Advocates with SI Rajak Ahmad Mr.Ravindra Narayan, Advocate for respondent Nos.2 and 3 with respondent Nos.2 and 3 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 31.07.2024 1.

The present petition has been filed seeking quashing of FIR No.484/2020 registered under Sections 323/341/308/34 IPC at P.S. Sangam Vihar, New Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners assaulted and gave beatings to the respondents causing mental and physical trauma. 3.

Learned APP for the State submits that in the present case the petitioners are the only accused persons and respondent Nos.2 & 3 are the complainant/victim and they are shop keepers in the neighbourhood. 4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Memorandum of Understanding dated 26.04.2024 and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

in terms of the settlement, respondent Nos.2 & 3 are now left with no claim or grievance whatsoever against the petitioners. 5.

The petitioners and respondent Nos.2 & 3, who are present in the Court, have been identified by their respective counsels as well as by the Investigating Officer.

6.

The petitioners have shown remorse for their conducts, and they undertake not to repeat the same in future. Respondent Nos.2 and 3 state that they have entered into the aforesaid Memorandum of Understanding 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.

Learned counsels for the parties submit that there is another connected FIR bearing FIR No.485/2020 registered under Sections 323/341/34 IPC at P.S. Sangam Vihar, New Delhi which has also been quashed vide CRL.M.C. 4594/2024.

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 cost of Rs.10,000/- by each petitioner to be deposited with the Delhi State Legal Services Authority (A/c No.: 18580110053263, Bank: UCO BANK, Branch: Rouse Avenue, IFSC: UCBA0003364) within a period of four 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

such assistance.

10.

Proof evidencing receipt of deposit shall be filed with the I.O. In case the receipt of payment of cost is not filed within the stipulated time, the I.O. shall be at liberty to move an appropriate application. 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. MANOJ KUMAR OHRI, J JULY 31, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.