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High Court of DelhiCRL.M.C./8994/2023

Kapil Kumar v. The State Govt Of NCT Delhi And ANR

2024-02-15Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8994/2023 & CRL.M.As. 33615-33616/2023 KAPIL KUMAR ..... Petitioner Through:

Mr. Vishal Sheoran and Mr. Gaurav Chaudhary, Advocates with petitioner in person.

versus THE STATE GOVT OF NCT DELHI AND ANR ..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Arjun Singh PS GTB Enclave, Delhi and Inspector Chattar Singh.

Mr. Rahul Kumar Gautam and Mr.

Sanjeev Kumar Gautam, Advocates for respondent No.2.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 15.02.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No.545/2015 registered under Sections 354/354D/506/509 IPC at Police Station GTB Enclave, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioner misbehaved and intimidated respondent No.2.

3.

Mr. Sanjeev Sabharwal 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.

4.

Learned counsels for the parties submit that the parties have amicably settled their disputes vide Memorandum of Understanding/Settlement Deed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

dated 02.09.2023. In terms of the said settlement, respondent No.2 is now left with no claim or grievance against the petitioner. 5.

The petitioner, who is present in Court, and respondent No.2, who has joined the proceedings through VC, have been identified by their respective counsel as well as the I.O./ SI Arjun Singh PS GTB Enclave, Delhi. 6.

The petitioner has shown remorse for his 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. He 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 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.25,000/- to be deposited by 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 Delhi State Legal Services Authority for providing counselling/psychological support to POCSO victims requiring such assistance.

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, Delhi State Legal Services Authority for intimation. 11.

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

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

12.

In case the proof of deposit is not placed on record within four weeks, the matte be placed before the Court.

MANOJ KUMAR OHRI, J FEBRUARY 15, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.