Parveen Diwan & ANR. v. The State Govt NCT Of Delhi & ORS.

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2374/2024, CRL.M.A. 23159/2024 PARVEEN DIWAN & ANR.

.....Petitioners Through:

Mr. A.A. Chaus, Advocate with petitioners.

versus THE STATE GOVT NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Amol Sinha, ASC (Crl.) for State with Mr. Kshitiz Garg, Mr. Ashvini Kumar and Ms. Chavi Lazarus, Advs.

SI Savita, PS Prasad Nagar.

Mohd. Nawaz, Advocate for R-2 & R-3 with R-2 & R-3 in person (Mob.

No. 7052187839).

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 09.10.2024

O R D E R

CRL.M.A. 23158/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

W.P.(CRL) 2374/2024 1.

By way of the present petition, the petitioners seek quashing of FIR No. 066/2010 registered under Sections 323/326/34 IPC and 27/54/59 Arms Act, at Police Station Prasad Nagar, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners abused and gave beatings to the respondent Nos. 2 and 3. 3.

Learned ASC for the State, on instructions, submits that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioners are the only accused persons and respondent No. 2 & 3 are the only complainant/victims in the present case. He further submits that in the present case, charge-sheet has already been filed. He also submits that though the parties have compromised, some costs may be imposed upon the petitioners since the State machinery has already been put in motion and the allegations are of grave nature.

4.

Learned counsel for the petitioners submits that the parties are neighbours and that the present FIR was registered due to a misunderstanding between the parties and with the intervention of family and well-wishers, the parties have amicably settled their disputes vide Memorandum of Understanding dated 20.01.2024, a copy of which has also been placed on record as Annexure P-5. In terms of the said settlement, respondent No.2 & 3 are now left with no claims or grievances against the petitioners.

5.

Learned counsel for the petitioners submits that the FIR qua the coaccused persons, namely Bhaskar and Sandeep Singh has already been quashed vide orders passed on 24.11.2010 and 19.09.2023 in CRL.M.C. 3450/2010 and CRLM.C. 6175/2019, respectively. 6.

The petitioners have joined the proceedings through VC and are identified by their counsel as well as by the Investigating Officer/SI Savita, PS Prasad Nagar, Delhi, who is present in Court today. Respondent No. 2 & 3 have also joined the proceedings though VC and are also identified by the Investigating Officer.

7.

The petitioners have shown remorse for their conduct and they undertake not to repeat the same in future. Respondent No.2 & 3 also state that they have entered into the aforementioned Memorandum of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Understanding out of their own free will, volition and without any coercion. They further state that they have no objection if the present FIR and consequent proceedings are quashed.

8.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

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

10.

In view of the above facts and since 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.7,500/- 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 two weeks from today. The amount so deposited shall be utilized by the DSLSA for providing counselling/psychological support to POCSO victims requiring such assistance.

11.

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

12.

A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. 13.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J OCTOBER 9, 2024 akc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.