Nishant Sharma v. State (NCT Of Delhi) & ANR.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8958/2023 & CRL.M.A. 33513/2023 NISHANT KUMAR ..... Petitioner Through:

Mr. Prakash Kashyap, Advocate with petitioner in person.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Laksh Khanna, APP for State with SI Rishi Kant Mishra PS Vasant Kunj North, New Delhi.

Mr. Roshan Kumar, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 07.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 87/2023 registered under Sections 420/406 IPC at Police Station Vasant Kunj North, New Delhi on the ground that the parties have amicably settled their disputes.

2.

The present FIR has been lodged at the instance of the complainant/respondent No. 2 stating that the petitioner has cheated respondent No.2 to the tune of Rs.4,34,000/-. 3.

Learned APP for the State, on instructions, submits that the petitioner is the only accused and respondent No. 2 is the complainant/victim. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Learned counsels for the parties submit that the parties have entered into a Settlement Deed dated 17.11.2023. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the present petitioner.

5.

Petitioner and respondent No. 2, who are present in the Court, have been identified by their respective counsels as well as the Investigating Officer/ SI Rishi Kant Mishra PS Vasant Kunj North, New Delhi. 6.

Respondent No. 2 states that he has entered into the aforesaid 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.

7.

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

8.

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

9.

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 is hereby quashed, subject to payment of cost of Rs.10,000/- by the petitioner, with Delhi State Legal Service Authority 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.

10.

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

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

11.

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

12.

In case the proof of deposit of cost has been filed within two weeks, the registry to place the matter before the Court. 13.

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

MANOJ KUMAR OHRI, J FEBRUARY 7, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.