Shekhar v. State NCT Of Delhi And ANR

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5976/2024, CRL.M.A. 22832/2024 SHEKHAR .....Petitioner Through:

Ms. Nidhi Lakra, Advocate with petitioner in person.

versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with ASI Akansha, P.S. Fatehpuri Beri.

Mr. Sagar Tanwar and Mr. Milind Singh, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 05.08.2024

O R D E R

1.

The present proceedings are instituted on behalf of the petitioner seeking quashing of FIR No. 0376/2024 registered under Sections 74/76 of the Bharatiya Nyaya Sanhita, 2023 at P.S. Fatehpur Beri, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioner entered the room of the respondent No.2 and tried to force himself upon her and even tore her clothes.

3.

Mr. Sabharwal, learned APP for the State, on instructions, submits that the petitioner is the only accused person and respondent No.2 is the complainant/victim in the present case. He, on instructions, submits that FIR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

is pending investigation.

4.

Learned counsel for the petitioner submits that the respondent No.2 was the tenant in a property owned by the petitioner's father and she has since vacated the said property. It is further submitted that present FIR was registered due to some misunderstanding and with the intervention of friends, parties have amicably settled their disputes vide Memorandum of Understanding/Settlement Deed dated 26.07.2024, a copy of which has been placed on record.

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, P.S. Fatehpuri Beri. Petitioner has shown remorse for his conduct and undertakes not to repeat the same in future.

6.

Respondent No. 2 states that she has entered into the settlement with the petitioner 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 cost of Rs.10,000/- to be deposited 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 DSLSA for providing counselling/psychological support to POCSO victims The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

requiring such assistance.

9.

Proof evidencing receipt of deposit shall be filed with the I.O. failing which, the I.O. shall be at liberty to move appropriate application. 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 pending application.

MANOJ KUMAR OHRI, J AUGUST 5, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.