Shri Mahesh Kumar Gujar & ORS. v. State National Capital Territory Of Delhi & ANR.
$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2/2022 SHRI MAHESH KUMAR GUJAR & ORS. ..... Petitioners Through:
Ms.Prachi Gupta, Adv.
versus STATE NATIONAL CAPITAL TERRITORY OF DELHI & ANR. ..... Respondents Through:
Ms.Priyanka Dalal, APP.
W/SI Koyal, PS Ranhola along with the complainant.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 15.01.2024 1.
This petition has been filed by the petitioners seeking quashing of the FIR No.346/2019 registered at Police Station: Ranhola, Delhi under Sections 376/354/506/509 of the Indian Penal Code, 1860 (in short, 'IPC'). Subsequently, the Charge-Sheet also stands filed against the petitioner no. 1 under Sections 376/506/509 of the IPC, petitioner no. 2 under Sections 354/506/509 of IPC, and under Sections 506/509 of IPC against the petitioner no. 3.
2.
The Respondent no.2 and the petitioners have now entered into a Memorandum of Understanding, wherein she states that she had filed the above FIR based on some misunderstanding, which has now been cleared and all the disputes have been amicably settled out of her own free will and consent.
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3.
Respondent no.2 is also personally present in Court and has been identified by the IO. She reiterates that she has filed the complaint based on some misunderstanding and does not wish to pursue with the complaint against the petitioners.
4.
The learned APP, on the other hand, opposes the present application looking into the seriousness of the offence.
5.
I have considered the submissions made.
6.
Keeping in view the fact that the respondent no.2 does not wish to pursue her complaint any further, which she states was filed out of some misunderstanding, and states that she has moved on in her life, and also keeping in view the guidelines issued by the Supreme Court in Kapil Gupta v. State (NCT of Delhi), 2022 SCC OnLine SC 1030; Gian Singh v. State of Punjab, (2012) 10 SCC 303; and Parbathai Aahir @ Parbatbhai Bimsinh Karmur & Ors. v. State of Gujarat & Ors., (2017) 9 SCC 641, I find that no useful purpose will be served in continuing with the proceedings emanating from the above-mentioned FIR. The chances of its success will be rather minuscule.
7.
Accordingly, FIR No.346/2019 registered at Police Station: Ranhola, Delhi under Sections 376/354/506/509 of the IPC and all the proceedings emanating therefrom are quashed, subject to the condition that the petitioners deposit the costs of Rs.15,000/- with the Delhi State Legal Services Authority, within ten days from today. The amount so deposited shall be utilised by the Delhi State Legal Services Authority for providing counselling/psychological support to the Acid Attack Victims requiring such assistance.
8.
The petitioners shall file with the Registry of this Court, proof of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/05/2024 at 12:22:43
deposit of the above costs of Rs. 15,000/-, and also supply a copy thereof to the concerned IO, within the above said period. 9.
The petition is disposed of.
NAVIN CHAWLA, J JANUARY 15, 2024/rv/am Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/05/2024 at 12:22:43