Husain Ajaz Aun v. The State Govt Of NCT Of Delhi & ORS.

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.

5618/2024, CRL.M.A.

21442/2024, CRL.M.A.

21443/2024 HUSAIN AJAZ AUN .....Petitioner Through:

Mr. Afzal Ahmad, Mohd. Asad Shakeel and Mr. Aamir Siddiqui, Advocates with petitioner in person.

versus THE STATE GOVT OF NCT OF DELHI & ORS......Respondents Through:

Mr. Nawal Kishore Jha, APP for State with W/SI Anita Kumari, P.S. Jama Masjid.

Respondent Nos. 2 to 4 are present in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 24.07.2024

O R D E R

1.

The present proceedings are instituted on behalf of the petitioner seeking quashing of FIR No. 117/2019 registered under Sections 323/354/354B/509 IPC and Section 12 of the POCSO Act at P.S. Jama Masjid, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioner misbehaved and hurled abuses at the respondents.

3.

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

and respondent Nos. 3 and 4 are victims in the present case. He, on instructions, submits that though the charge has been framed however, prosecution evidence is yet to begin.

4.

Learned counsel for the petitioner submits that the petitioner and respondent No. 2 have amicably settled their disputes vide Settlement Deed dated 28.05.2024, a copy of which has been placed on record. 5.

Petitioner, who is present in Court, has been identified by his counsel as well as the I.O./WSI Anita Kumari, P.S. Jama Masjid. Petitioner has shown remorse for his conduct and undertakes not to repeat the same in future.

6.

Victims 'N' and 'R' i.e. respondent Nos. 3 and 4 are present in Court alongwith their mother i.e. respondent No. 2. They have been identified by the I.O. It is stated that both 'N' and 'R' are now major and they have come to a settlement with the petitioner out of their own free will, volition and without any coercion and do not wish to pursue the present FIR. The respondents further state that they have no objection if the present FIR and the 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.20,000/- to be paid by the petitioner to respondent No.2 by way of a demand draft through the I.O. within four weeks.

9.

Proof evidencing receipt of cost be filed with the I.O. failing which, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the I.O. shall be at liberty to move appropriate application. 10.

With the above directions, the petition is disposed of alongwith pending applications.

MANOJ KUMAR OHRI, J JULY 24, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.