Dinesh Sharma & ORS. v. Govt, Of NCT Of Delhi & ANR.

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2169/2024 & CRL.M.A. 21187/2024 DINESH SHARMA & ORS.

.....Petitioners Through:

Mr. Sushil Kumar and Mr. Ankur Modi, Advocates.

versus GOVT, OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel with Mr. Abhinav Kumar Arya, Advocates.

Mr. Pankaj Gupta and Mr. Abhishek Kashyap, Advocates for respondent No.2 with respondent No.2 in person CORAM:s HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 22.07.2024 1.

The present petition has been filed seeking quashing of FIR No.354/2022 registered under Sections 509/34 IPC at P.S. Sarai Rohilla, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioners made inappropriate advances towards respondent No.2 and even threatened her causing mental distress.

3.

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

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

4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Memorandum of Family Settlement dated 05.06.2024 and out of the full and final settlement amount of Rs. 20 lacs, Rs. 10 lacs has already been paid and the remaining balance amount of Rs. 10 lacs is being paid today vide two demand drafts bearing number 218309 drawn on SBI, Swami Narain Marg, New Delhi and number 421572 drawn on SBI, Srinagar Colony, New Delhi. In terms of the settlement, respondent No.2 is now left with no claim or grievance whatsoever against the petitioners. 5.

The petitioners and respondent No.2, who were present in the court, have been identified by their respective counsels as well as by the Investigating Officer.

6.

The petitioners have shown remorse for their conducts and they undertake not to repeat the same in future. Respondent No.2 states that she has entered into the aforesaid Memorandum of 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 subject to the encashment of aforesaid demand drafts. 7.

Learned counsels for the parties submit 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 cumulative cost of Rs.10,000/- by the petitioners to be deposited with the Delhi State Legal Services Authority The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(A/c No.: 18580110053263, Bank: UCO BANK, Branch: Rouse Avenue, IFSC: UCBA0003364) within a period of four 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.

10.

Proof evidencing receipt of deposit shall be filed with the I.O. In case the receipt of payment of cost is not filed within the stipulated time, the I.O. shall be at liberty to move an appropriate application. 11.

With the above directions, the petition is disposed of. 12.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. MANOJ KUMAR OHRI, J JULY 22, 2024/ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.