Harish Kumar v. The State Of N.C.T Of Delhi & ANR.

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7187/2023 HARISH KUMAR ..... Petitioner Through: Mr. Piyush Chaudhary, Advocate versus THE STATE OF N.C.T OF DELHI & ANR.

..... Respondents Through: Ms.Manjeet Arya, APP for State with SI KM Jyoti

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 19.01.2024 CRL.M.A. 26809/2023 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

CRL.M.C. 7187/2023 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 594/2019 registered under Sections 279/338 IPC at P.S. Punjabi Bagh, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, on 23.10.2019 at around 10:40 PM, an accident occurred wherein respondent No.2 suffered injuries. 3.

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

4.

Learned counsels for the parties submit that the parties have entered into a settlement before Delhi Mediation Centre, Tis Hazari Courts, Delhi in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Mediation No.5799/2023 on 08.07.2023. It was agreed that a sum of Rs.1,00,000/- as full and final settlement shall be paid by the petitioner to respondent No.2 towards his claims/dispute, etc. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the present petitioner.

5.

The petitioner, who is present in the Court, has been identified by his counsel and the Investigating Officer. Respondent No.2, who is also present in Court, has been identified by the Investigating Officer. 6.

The petitioner has shown remorse for his conduct and he undertakes not to repeat the same in future. Respondent No. 2 states that he has entered into the aforesaid 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.

Learned counsel for the petitioner submits that no other proceedings are pending between the parties.

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.5,000/- 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 assistance.

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

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 alongwith the pending application.

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 petitioner is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J JANUARY 19, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.