Arish v. The State Govt Of NCT Of Delhi Through Sho Ps Chandni Mahal & ANR.

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6170/2024 & CRL. MA 23579/2024 ARISH .....Petitioner Through:

Mr. Mohd. Shuaib Khan, Ms. Praneet Kaur, Mr. S. Bharti, Mr. Asim, Mr.

Vivek Agrawal, Advocates with petitioner in person.

versus THE STATE GOVT OF NCT OF DELHI THROUGH SHO PS CHANDNI MAHAL & ANR.

.....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with ASI Govind Kumar PS Chandni Mahal, Delhi (M:9531850954) Mr. Javed Ashraf Khan, Mr. Mohd.

Ayaz, Mr. Parminder Singh and Ms.

Ashima, Advocates for respondent no.2 with respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 08.08.2024 1.

The present proceedings are instituted on behalf of the petitioner seeking quashing of FIR No. 155/2017 registered under Sections 354/354A/509 IPC at Police Station Chandni Mahal, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioner used abusive language and even gave beatings to respondent No. 2, causing mental and physical distress.

3.

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

charge-sheet has been filed. Furthermore, he states that though the parties have compromised, however, since the State machinery has been put in motion and the allegations were of grave nature, some cost may be imposed upon the petitioner.

4.

Learned counsel for the petitioner submits that the parties are related to each other and the present FIR was registered due to misunderstanding and that, with the intervention of family members and friends, parties have amicably settled their disputes vide MoU dated 25.07.2024, a copy of which has been placed on record. In terms of the said settlement, the complainant is now left with no claim or grievance against the petitioner. 5.

The petitioner and respondent No.2, who are present in Court, have been identified by their respective counsels as well as the I.O./ ASI Govind Kumar PS Chandni Mahal, Delhi who is also present in Court. 6.

The petitioner has shown remorse for his conduct and undertakes 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 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 circumstances 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/-, out of which Rs.5,000/- is to be paid to the respondent no.2 through the I.O. by way of demand draft and Rs.5,000/- is to be deposited by the petitioner with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Delhi State Legal Services Authority (Account 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 Delhi State Legal Services Authority for providing counselling/psychological support to POCSO victims requiring such assistance.

9.

Proof evidencing receipt of payment/deposit shall be filed with the I.O.

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.

12.

In case the proof of cost is not filed within two weeks, the I.O. shall be at liberty to move an appropriate application in this regard. MANOJ KUMAR OHRI, J AUGUST 8, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.