Sidharth Bansiwal v. State & ANR.
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7122/2023 SIDHARTH BANSIWAL ..... Petitioner Through:
Mr. Pradeep Kumar Arya, Mr Aditya Kumar Yadav, Mr. Gaurav Chaudhry, Mr. Arpit Bamal and Mr. Vaibhav Chaudhry, Advocates with petitioner in person.
versus STATE & ANR ..... Respondents Through:
Mr. Ashneet Singh, APP for State with SI Sandeep PS Paschim Vihar, Delhi.
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 04.03.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. read with Article 227 of the Constitution of India seeking quashing of FIR No. 673/2018 registered under Sections 279/308/506 IPC at Police Station Paschim Vihar East, Delhi on the ground that the parties have amicably settled their disputes.
2.
As per the allegations levelled in the FIR, the petitioner caused injuries to respondent No.2 due to his rash and negligent driving and thereafter intimidated him.
3.
Mr. Ashneet Singh, learned APP for the State, on instructions, submits that the petitioner is the only accused and respondent No.2 is the only complainant/victim in the present case.
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4.
Learned counsel for the petitioner submits that the parties have amicably settled their disputes out of court and in this regard, an affidavit of no objection has also been filed by respondent No.2. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioner.
5.
The petitioner, who is present in Court, has been identified by his counsel as well as the I.O./ SI Sandeep PS Paschim Vihar, Delhi. Respondent No. 2, who is also present in Court, has been identified by the I.O.
6.
The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No. 2 also states that he has entered into the 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 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.1,00,000/- out of which Rs.50,000/- is to be paid by petitioner to respondent No.2 by way of demand draft through the I.O. and Rs.50,000/- 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 assistance.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
Proof evidencing receipt of payment and 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. MANOJ KUMAR OHRI, J MARCH 4, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.