Vikram @ Sonu & ANR. v. The State (N C T Of Delhi) & ANR.
$~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8491/2023, CRL.M.A. 31706/2023 VIKRAM @ SONU & ANR.
..... Petitioners Through:
Mr. Basant Kumar Gautam, Advocate with petitioners in person.
versus THE STATE (NCT OF DELHI) & ANR.
..... Respondents Through:
Mr. Sanjeev Sabharwal, APP for State with SI Ramvir Singh, P.S. Burari and with SI Mahendra, Koli, P.S. Bhalsva Dairy.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 15.04.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No. 108/16 registered under Sections 308/323/325/34 IPC at P.S. Bhalswa Dairy, Delhi on the ground that the parties have amicably settled their disputes.
2.
As per the allegations levelled in the FIR,the petitioners gave beatings to respondent No.2 and his brother with dandas and bats. 3.
On the last date of hearing, learned APP for the State, on instructions, had submitted that besides the complainant, his brother namely Rajeev was also injured. Learned counsel for the petitioners had informed that the injured/Rajeevwas bedridden and therefore unable to appear before the Court. He however submitted that Rajeev was also agreeable to the quashing of the present FIR. Accordingly, I.O. was directed to verify the above facts. 4.
Today, Status Report has been filed as per which, injured/Rajeev has stated that on account of injuries suffered by him, he is unable to travel or walk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
around. Injured/Rajeev has further stated that he has no objection to the quashing of the present FIR and his statement, in this regard, has been enclosed with Status Report.
5.
Learned counsel for the petitioners submits that the parties have amicably settled their disputes vide Compromise/Settlement Deed dated 02.06.2023.Learned counsel further stated that connected FIRs have already been quashed by this Court vide order dated 09.04.2024 passed in CRL.M.C. 8406/2023 and 8490/2023.
6.
The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./SI Mahendra, Koli, P.S. Bhalswa Dairy.Respondent No.2, who is also present in Court, has been identified by the I.O. 7.
Petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 states that he has entered into the settlement with the petitioners out of his own free will, volition and without any coercion. He further states that he hasno objection if the present FIR and 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 payment of cost of Rs.20,000/- to be deposited by each of the petitioners with the Delhi State Legal Services Authority (A/c 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.
10.
Proof evidencing receipt of deposit shall be filed with the I.O. In case receipt of cost is not filed within stipulated time, the I.O. shall be at liberty to move an appropriate application.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
11.
A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. 12.
With the above directions, the petition is disposed of alongwith miscellaneous application.
MANOJ KUMAR OHRI, J APRIL 15, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.