Vikash Rai And Others v. State Of N.C.T. Of Delhi And Others

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7636/2023, CRL.M.A. 28460/2023 VIKASH RAI AND OTHERS ..... Petitioners Through:

Mr. Faiz Imam, Advocate with petitioner in person.

versus STATE OF N.C.T. OF DELHI AND OTHERS ..... Respondents Through:

Mr. Ritesh Kumar Bahri, APP for State with Insp. Sukhbir Malik and SI Amit Kumar, P.S. Okhla.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 10.01.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 508/2014 registered under Sections 354/323/509/34 IPC and Section 12 of the POCSO Act at Police Station Okhla, District South East, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, complainant has strained relations with her husband i.e. petitioner No.1. On 09.07.2014, she had an altercation with her husband following which on 10.07.2014 her sisters-inlaw i.e. petitioner No. 3 and 4 came to her house and misbehaved with her after which they beat her. Thereafter, petitioner No.1's other relatives also came there and beat her with stick, rods and pipes. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Mr. Bahri, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the only complainant/victim in the present case.

4.

Learned counsel for the petitioners submits that the petitioners and respondent No. 2 are known to each other being husband and wife and present FIR is an offshoot of matrimonial discord between them. It is further stated that with the intervention of family members and friends, parties have amicably settled their disputes before the Delhi Mediation Centre, Saket Court on 13.12.2019, 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 petitioner.

5.

Petitioners are present in Court and have been identified by their counsel as well as IO/Insp. Sukhbir Malik, P.S. Okhla. Respondent No.2 is also present in Court and has been identified by the I.O./Insp. Sukhbir Malik, P.S. Okhla, who is present in the Court. 6.

Petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 also states that she has settled the disputes with the petitioners out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed and has placed on record an affidavit in this regard .

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

9.

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

MANOJ KUMAR OHRI, J JANUARY 10, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.