Satish And Another v. The State And Others

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8017/2023 SATISH AND ANOTHER ..... Petitioners Through:

Mr. Mohit Bhardwaj and Ms. Rashmi, Advocates with petitioners in person.

versus THE STATE AND OTHERS ..... Respondents Through:

Mr. Naval Kishore Jha, APP for State with SI Abhishek Guleria, P.S.

Kalyanpuri.

Respondent Nos. 2 to 5 present in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 30.01.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 51/2019 registered under Sections 308/324/34 IPC at Police Station Kalyanpuri, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the complainant alleged that on 23.01.2019 there was a marriage function in their house when petitioners, under the influence of liquor, came and started abusing them. Petitioners also beat up complainants with bricks and sticks. 3.

Mr. Jha, learned APP for the State, on instructions, submits that the petitioners are the only accused person and respondent Nos.2 to 5 are the only victims in the present case.

4.

Learned counsel for the petitioners submits that 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 misunderstanding and parties have amicably settled their disputes vide Settlement Deed dated 22.07.2023, a copy of which has been placed on record. In terms of the said settlement, respondent Nos. 2 to 5 are now left with no claim or grievance against the petitioners. 5.

The petitioners, who are present in Court, have been identified by their counsel as well as IO/ SI Abhishek Guleria, P.S. Kalyanpuri. Respondent Nos. 2 to 5 are also present in Court and have been identified by the IO.

6.

It is informed that cross FIR No. 50/2019 registered under Sections 308/34 IPC at P.S. Kalyanpuri has also been quashed by a Coordinate Bench of this Court vide order dated 10.01.2024 passed in W.P.(CRL.) 3217/2024. 7.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent Nos.2 to 5 also state that they have entered into the aforementioned settlement out of their own free will, volition and without any coercion. They further state that they have no objection if the present FIR and the consequent proceedings are quashed. 8.

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

9.

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 collective cost of Rs.5,000/- to be deposited with the Delhi State Legal Services Authority within a period of four weeks from today. The amount so deposited shall be utilized by the DSLSA 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.

10.

With the above directions, the petition is disposed of. 11.

Proof evidencing receipt of deposit shall be filed with the Registry and in case the same is not deposited, the Registry shall put up the matter. 12.

A copy of this order be communicated to the Member Secretary, DSLSA for intimation.

MANOJ KUMAR OHRI, J JANUARY 30, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.