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High Court of DelhiCRL.M.C./7661/2023

Vikas ORS v. The State Govt Of N C T Of Delhi & ANR.

2024-03-07Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7661/2023 VIKAS & ORS ..... Petitioners Through:

Mr. Ravi Dhankar, Advocate with petitioners in person.

versus THE STATE GOVT OF N C T OF DELHI & ANR.

..... Respondents Through:

Mr. Laksh Khanna, APP for State with ASI Rahul Ranjan PS Harsh Vihar, Delhi.

Mr. Tarun Kuamr Tomar, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 07.03.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 586/2015 registered under Sections 308/323/341/34 IPC at Police Station Harsh Vihar, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioners gave beatings to the complainant as a result of which injuries were sustained. 3.

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

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 Settlement Deed dated 11.04.2023, 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.

Learned counsel for the respondent No.2 states that the settlement has been arrived at with the present petitioners only and there is no settlement qua Kunwar Pal and Amit.

6.

The petitioners and respondent No.2, who are present in Court, have been identified by their counsel as well as the I.O./ ASI Rahul Ranjan PS Harsh Vihar, Delhi.

7.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 also states that she has entered into the aforementioned settlement 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. 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 FIR and the consequent proceedings arising therefrom are hereby quashed against the present petitioners only and the trial shall proceed against remaining accused namely Kunwar Pal and Amit, subject to payment of collective cost of Rs.20,000/- to be deposited by the petitioners with the Delhi State Legal Services Authority within a period of four weeks from The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.

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, Delhi State Legal Services Authority for intimation. 12.

With the above directions, the petition is disposed of. 13.

In case proof of deposit of cost is not filed within four weeks, the matter be placed before the Court.

MANOJ KUMAR OHRI, J MARCH 7, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.