Saajan Gupta v. State Of NCT Delhi & ANR.

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5663/2024 & CRL. M.A. 21635/2024 SAAJAN GUPTA .....Petitioner Through:

Mr. Saurabh Tewari, Mr. Amit Vashisth, Advocates with petitioner in person.

versus STATE OF NCT DELHI & ANR.

.....Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with ASI Akansha Chhibbar PS Adarsh Nagar, Delhi.

Mr. Hari Parkash Sharma, Mr. Neeraj Gupta, Mr. Bhagwati Soni, Advocates for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 25.07.2024

O R D E R

1.

The present proceedings are instituted on behalf of the petitioner seeking quashing of FIR No. 526/2015 registered under Sections 354D/354 IPC at Police Station Adarsh Nagar, Delhi, on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioner harassed the complainant by following her while she was travelling back home. 3.

Mr. Sanjeev Sabharwal, learned APP for the State, on instructions, submits that the petitioners is the only accused and respondent No.2 is the complainant/victim in the present case. It is further submitted that the charge-sheet has been filed.

4.

Learned counsel for the petitioner submits that the present FIR was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registered due to some misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Memorandum of Understanding dated 17.05.2024, 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.

The petitioner and respondent No.2, who are present in Court, have been identified by their counsel as well as the I.O./ ASI Akansha Chhibbar PS Adarsh Nagar, Delhi.

6.

The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No. 2 also states that she has entered into the aforementioned MOU 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. 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 cumulative cost of Rs.50,000/- out of which Rs.25,000/- to be paid to the respondent No.2 by way of demand draft through I.O. and Rs.25,000/- to be deposited by the petitioner with the Delhi State Legal Services Authority(Account No.18580110053263, 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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 the stipulated period, the IO shall be at liberty to move an appropriate application in this regard. MANOJ KUMAR OHRI, J JULY 25, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.