Ramesh Alias Kaku & ORS. v. State Through Sho Ps Bindapur & ANR.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7419/2023 RAMESH ALIAS KAKU & ORS.

..... Petitioners Through:

Mr. Rakesh Sharma, Advocate with petitioners in person.

versus STATE THROUGH SHO PS BINDAPUR & ANR...... Respondents Through:

Mr. Hitesh Vali, APP for State W/SI Neelu, P.S Bindapur and ASI Rajesh, D.E. Cell Barakhamba Road.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 08.01.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 1343/2015 registered under Sections 427/323/452/506/34 IPC at Police Station Bindapur, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the complainant who, is stated to be working in real estate, had earlier disputes with the petitioners in respect of an immovable property. On 17.09.2015, petitioners came out of the house of the complainant and called him and when he came outside the house, the petitioners started hurling filthy languages and thereafter started beating him with stick and also damaged his household materials. 3.

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

complainant/victim in the present case. It is further submitted that the trial is at the stage of prosecution evidence.

4.

Learned counsel for the petitioners submits that the petitioners and respondent No. 2 are known to each other and present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Memorandum of Understanding dated 19.08.2023, a copy of which has been placed on record. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioners.

5.

It is informed that a cross FIR No. 0568/2016 has also been registered under Sections 354/323/448/34 IPC at Police Station Bindapur against respondent No.2 on the complaint of petitioner No.1, which has also been quashed vide today's order passed in CRL.M.C. 7872/2023. 6.

The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./W/SI Neelu, P.S Bindapur, Delhi who is present in the Court. Respondent No. 2 is also present in Court and has been identified by the I.O.

7.

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 MOU 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.

8.

The parties shall remain bound by the statements made in Court today.

9.

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

FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cumulative cost of Rs.10,000/- to be deposited by the petitioners with the Delhi Legal Services Authority within a period of four weeks from today. The amount so deposited shall be utilized by the DLSA for providing counselling/psychological support to POCSO victims requiring such assistance.

10.

Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court.

11.

A copy of this order be communicated to the Member Secretary, DLSA for intimation.

12.

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

MANOJ KUMAR OHRI, J JANUARY 8, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.