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High Court of DelhiCRL.M.C./8986/2023

Sh Himanshu Khatri & ANR. v. Govt. Of NCT Of Delhi & ANR.

2024-05-03Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8986/2023 SH HIMANSHU KHATRI & ANR.

..... Petitioners Through:

Mr. Ikrant Sharma, Advocate with petitioners in person versus GOVT. OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr.Laksh Khanna, APP for State with SI Pawan, P.S. Mukherjee Nagar.

Ms.

Ira Arora, Advocate for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 03.05.2024

O R D E R

1.

The present petition has been filed under Section 482 Cr.P.C. read with Article 226 of the Constitution of India seeking quashing of FIR No.226/2018 registered under Sections 323/341/506/34 IPC and Sections 27/54/59 of Arms Act at P.S. Mukherjee Nagar, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioners beat and threatened respondent No.2.

3.

Learned APP for the State submits that in the present case the petitioners are the only accused persons and respondent No.2 is the only complainant/victim. It is further stated that chargesheet in the present case The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

has been filed under the aforesaid sections.

4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Memorandum of Understanding dated 04.12.2023. 5.

The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels as well as by the Investigating Officer.

6.

The petitioners have shown remorse for their conduct and they undertake not to repeat the same in future. Respondent No.2 states that he has entered into the aforesaid Memorandum of Understanding 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 counsels for the parties submitthat 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 present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cost of Rs.1,00,000/- by each petitioner to be deposited with the Delhi State Legal Services Authority (A/c No.: 18580110053263, Bank: UCO BANK, Branch: Rouse Avenue, IFSC: UCBA0003364) within a period of eight 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.

10.

Proof evidencing receipt of deposit shall be filed with the I.O. In case The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proof is not filed within the stipulated time, the I.O. shall be at liberty to move an appropriate application.

11.

With the above directions, the petition is disposed of. 12.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. MANOJ KUMAR OHRI, J MAY 3, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.