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High Court of DelhiCRL.M.C./8641/2023

Mohammad Aslam & ORS. v. The State(Govt Of NCT Of Delhi) & ANR.

2024-01-10Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8641/2023 & CRL.M.A. 32288/2023 MOHAMMAD ASLAM & ORS.

..... Petitioners Through:

Mr.

Sanjeev Kumar Sharma, Advocate with petitioners in person.

versus THE STATE(GOVT OF NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Ritesh Kumar Bahri, APP for State with SI Abhishek PS Khajuri Khas, Delhi.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 10.01.2024 1.

The present proceedings have been instituted under Section 482 Cr.P.C. seeking quashing of FIR No. 1142/2015 registered under Sections 308/324/341/379/34 IPC at Police Station Khajuri Khas, North East Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, on 15.10.2015 the original complainant Mohd. Rashid was on duty and at around 9.15 pm when his son Khalid told him that Nazim, Aslam and Ashif had stopped him, took out the key of his car and started beating him.

3.

Learned counsel for the petitioners submits that the petitioners and respondent No.2 are close relatives of each other and in order to maintain cordial relations, they have amicably settled their disputes vide Deed of Compromise dated 13.10.2023, a copy of which has been placed on record. In terms of the said settlement, the injured is now left with no claim or The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

grievance against the petitioners.

4.

Mr. Ritesh Kumar Bahri, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the only remaining complainant/victim in the present case. 5.

The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./ SI Abhishek PS Khajuri Khas, Delhi. Respondent No. 2 is also present in Court and has been identified by the I.O. It is stated that the original complainant Mohd. Rashid has since expired, in that regard a verification report has been handed over, and the same is taken on record. The other injured Mohd. Khalid/respondent No.2, son of late Mohd. Rashid, is present in Court, and an affidavit on his behalf has also been placed on record.

6.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No.2 also states that he has entered into the aforementioned Deed of Compromise out of his own free will, volition and without any coercion. He further states that he 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 Rs.10,000/- to be deposited by each petitioner with the Delhi State Legal Services Authority within a period of two weeks from today. The amount so deposited shall be utilized by the Delhi State Legal Services Authority for providing counselling/psychological support to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

POCSO victims requiring such assistance.

9.

Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court.

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 miscellaneous application.

MANOJ KUMAR OHRI, J JANUARY 10, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.