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High Court of DelhiCRL.M.C./5591/2024

Mr. Ansh Bhandari & ORS. v. The State (NCT Of Delhi) & ANR.

2024-09-06Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5591/2024 & CRL. MA 21334/2024 MR. ANSH BHANDARI & ORS.

.....Petitioners Through:

Mr. Prakhar Sharma and Mr. Arjit Narula, Advocates.

versus THE STATE (NCT OF DELHI) & ANR .....Respondents Through:

Mr. Aashneet Singh, APP for State with SI Vikas Kumar PS Krishna Nagar, Delhi.

Mr. C.M. Grover and Mr. Nitesh, Advocates for respondent no.2 with respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 06.09.2024 1.

The present proceedings are instituted on behalf of the petitioners seeking quashing of FIR No. 113/2020 registered under Sections 393/436/452/34 IPC and Section 27/54/59 of Arms Act at Police Station Krishna Nagar, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, petitioners attempted to rob the store of the respondent No.2 while brandishing a weapon. 3.

Mr. Aashneet Singh, 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 though the FIR has been registered under Sections 393/436/452/34 IPC and Section 27/54/59 of Arms Act, however, charge-sheet came to be filed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

under Sections 393/436/452/120B/34 and 27 Arms Act. It is stated that the charges have been framed. He further states that considering the serious nature of averments/allegations, the petitioners may be saddled with heavy costs.

4.

Learned counsel for the petitioners submits that the present FIR was registered due to some misunderstanding and with the intervention of wellwishers parties have amicably settled their disputes vide Memorandum of Understanding dated 04.07.2024, a copy whereof has been placed on record. In terms of the said settlement, respondent no.2/complainant is now left with no claim or grievance against the petitioners. 5.

The petitioners and respondent no.2, who are present in Court, have been identified by their counsel as well as the I.O./ SI Vikas Kumar PS Krishna Nagar, Delhi.

6.

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.

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, subject to payment of cost of Rs.50,000/- to be deposited by each of the petitioners with the Delhi State Legal Services Authority(Account No.18580110053263, UCO Bank, Branch Rouse Avenue, IFSC:

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

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.

9.

Proof evidencing receipt of deposit shall be filed with the I.O. 10.

A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. 11.

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

12.

In case the proof of cost is not filed within four weeks, the IO shall be at liberty to move an appropriate application in this regard. MANOJ KUMAR OHRI, J SEPTEMBER 6, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.