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High Court of DelhiCRL.M.C./8812/2023

Ashish Chaudhary v. State NCT Of Dlehi And ANR.

2024-02-07Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8812/2023 ASHISH CHAUDHARY ..... Petitioner Through:

Mr. Parul Agarwal, Advocate with petitioner in person.

versus STATE NCT OF DLEHI AND ANR.

..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Deepak, P.S. Timarpur.

Respondent No.2 in person with his counsel.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 07.02.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 140/2018 registered under Sections 393/34 IPC at Police Station Timarpur, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, on 15.07.2018, the petitioner tried to snatch some valuables from the complainant. 3.

Mr. Jha, learned APP for the State, on instructions, submits that apart from the present petitioner, there are two other accused persons namely Ankit and Sandeep Yadav, who have not been impleaded in the present petition. He further submits that respondent No. 2 is the complainant/victim in the present case.

4.

At this stage, learned counsel for the petitioner submits that amended memo of parties has already been filed, a copy of which has been handed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

over and taken on record.

5.

Learned counsel for the petitioners submits that the parties have amicably settled their disputes vide Settlement Deed dated 21.11.2023, a copy of which has been placed on record as Annexure P-2. In terms of the said settlement, respondent No. 2/complainant is now left with no claim or grievance against the petitioners.

6.

All the three petitioners and respondent No.2, who are present in Court, are identified by their respective counsel as well as the IO/SI Deepak, P.S. Timarpur.

7.

Petitioners have shown remorse for their conduct and they undertake not to repeat the same in future. Respondent No. 2 also states that he has entered into the aforementioned settlement 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. 8.

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

9.

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.5,000/- to be paid by each of the petitioners 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.

11.

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

12.

A copy of this order be communicated to the Member Secretary, DSLSA for intimation.

13.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J FEBRUARY 7, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.