Surya Bhan Dinkar @ Surya Bhan Prasad Dinkar & ORS. v. State & ANR. (NCT Of Delhi)

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7959/2023 SURYA BHAN DINKAR @ SURYA BHAN PRASAD DINKAR & ORS.

..... Petitioners Through: Mr. Dewan Singh, Advocate versus STATE & ANR. (NCT OF DELHI) ..... Respondent Through: Mr. Laksh Khanna, APP for State with SI Karambir Singh, P.S. Aman Vihar (Mob.

No.8700238080)

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 08.01.2024 CRL.M.A. 29653/2023 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 7959/2023 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.306/2019 registered under Sections 323/354/506/509/34 IPC at P.S. Aman Vihar, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the present case was registered on the complaint of respondent No. 2/complainant. The present FIR relates to an incident which occurred on 04.07.2019 at around 8:15 AM when the petitioners started abusing and beating respondent No.2 and her family.

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

3.

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

4.

Learned counsels for the parties submit that since the parties are living in the same building/property and to maintain peace and tranquillity, they have entered into a settlement vide Settlement/Agreement dated 17.07.2023. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the present petitioners. 5.

The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and 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 Settlement/Agreement 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.

Learned counsels for the parties submit that there are three connected FIRs being FIR No.307/2019 registered under Sections 323/506/509/34 IPC at P.S. Aman Vihar, Delhi; FIR No.629/2017 registered under Sections 354/354A/354B/509/506/34 IPC and Section 3(r)(s) SC/ST Act at P.S. Begumpur, Delhi; and FIR No.628/2017 registered under Sections 354/354B/323/506/509 IPC at P.S. Begumpur, Delhi, which also the parties have agreed to quash.

8.

The parties shall remain bound by the statements made in Court today.

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

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 costs of Rs.10,000/- by each petitioner to be deposited with the Delhi State Legal Services Authority (DLSA) within a period of two weeks from today. The amount so deposited shall be utilized by the DLSA for providing counselling/psychological support to POCSO victims requiring such assistance.

10.

Proof evidencing receipt of deposit shall be filed with the Investigating Officer as well as in Court.

11.

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

Let a copy of this order be communicated to the Member Secretary, DLSA for information.

13.

The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioners is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J JANUARY 8, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.