Sh. Babloo Kumar Rai Ag & ORS. v. State Of NCT Of Delhi At New Delhi & ANR.

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8159/2023 SH. BABLOO KUMAR RAI AG & ORS.

..... Petitioners Through: Mr. Alamine, Advocate with petitioners in person versus STATE OF NCT OF DELHI AT NEW DELHI & ANR.

..... Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Ramvir Singh Mr.Gaurav Kumar Pandey and Mr.Bhuvaneshwar, Advocates for respondent No.2

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 06.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.

481/2018 registered under Sections 452/323/354/506/34 IPC and under Sections 8/12 of POCSO Act at P.S. Burari, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, on 21.10.2018 at around 7:15 PM, the petitioners abused and misbehaved with respondent No.2. 3.

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

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

4.

Learned counsel for the petitioners submits that the parties have entered into a settlement vide Memorandum of Settlement dated 29.05.2023 and 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 as well as by 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 Memorandum of Settlement 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.154/2018 registered under Sections 323/325/341/354/354A/34 IPC at P.S. Burari, FIR No. 433/2019 registered under Sections 323/341/354/354A/506/34 IPC at P.S. Burari and FIR No. 153/2018 registered under Sections 354A/354B/452/323/427/34 IPC at P.S. Burari, which have also been quashed today.

8.

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

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 composite cost of Rs.20,000/- to be deposited by the petitioners with the Delhi State Legal Services Authority within a period of four weeks from today.. The amount so deposited shall be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

utilized by the Delhi State Legal Services Authority 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, Delhi State Legal Services Authority 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 FEBRUARY 6, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.