Deepak Sharma & ANR. v. The State & ANR.

$~116 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8764/2023, CRL.M.A. 32727/2023 DEEPAK SHARMA & ANR.

..... Petitioners Through:

Petitioners in person.

versus THE STATE & ANR.

..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Tarun Khatri, P.S. Paschim Vihar.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 22.01.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 282/2019 registered under Sections 323/354/354B/34 IPC at Police Station Paschim Vihar West, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the dispute arose on account of non-appearance by petitioner No.1 despite engaged by the complainant and her colleagues. It is further alleged on 26.06.2019 petitioner No.1 and his father i.e. petitioner No.2 misbehaved with the complainant and also outraged her modesty.

3.

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

4.

Learned counsel for the petitioners submits that the present FIR was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registered due to misunderstanding and with the intervention of respectable members of the society, parties have amicably settled their disputes vide Memorandum of Understanding dated 10.10.2023, a copy of which has been placed on record. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioners. 5.

The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./SI Tarun Khatri, P.S. Paschim Vihar, Delhi. Respondent No. 2 is also present in Court and has been identified by the I.O. 6.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 also states that she has entered into the aforementioned MOU out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and the consequent proceedings are quashed. Affidavit of Respondent No.2 has been placed on record.

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 cumulative cost of Rs.25,000/- out of which Rs.15,000/- shall be paid to respondent No.2 by way of RTGS/demand draft through I.O. and remaining amount of Rs.10,000/- shall be deposited with the Delhi State Legal Services Authority 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 requiring such assistance.

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

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, DSLSA for intimation.

11.

With the above directions, the petition is disposed of alongwith miscellaneous application.

MANOJ KUMAR OHRI, J JANUARY 22, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.