Kamal Chauhan & ORS. v. State Govt Of NCT Of Delhi & ANR.
$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9010/2023 KAMAL CHAUHAN & ORS.
.....Petitioners Through: Mr.Rishab Ranjan and Mr.Raghav Awasthi, Advocates with petitioners in person versus STATE GOVT OF NCT OF DELHI & ANR.
.....Respondents Through: Mr. Aashneet Singh, APP for State with Mr. Sahil Arora, Mr. Vishwajeet Singh, Ms. Ritu Kapoor Arora, Mr. Vijay Pratap Singh, Ms.
Priyanka Mishra, Advocates with SI Rajbir Mr.Amish Aggarwala, Mr.Anubhav, Mr.Kuldeep, Mr.Karan and Ms.Alka, Advocates for respondent No.2 with respondent No.2 through V.C.
alongwith her husband
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 02.08.2024 CRL.M.A. 22755/2024 (early hearing by the petitioners) 1.
By way of present application, the petitioners seek early hearing of the petition.
2.
For the reasons stated in the application, the application is allowed and the petition is taken up for hearing today itself. 3.
In view of the above, the application is disposed of. CRL.M.C. 9010/2023 and CRL.M.A. 33712/2023 1.
The present petition has been filed seeking quashing of FIR No.624/2023 registered under Sections 323/451/509/34 IPC at P.S. Neb Sarai, Delhi on the ground that the parties have amicably settled their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
disputes.
2.
As per the allegations levelled in the FIR, the petitioners forcefully entered the complainant's house, caught hold of and misbehaved with the complainant, causing mental distress.
3.
Learned APP for the State confirms that in the present case, the petitioners are the only accused persons and respondent No.2 is the complainant/victim. It is also informed that during investigation, on recording the statement of respondent No.2 under Section 164 Cr.P.C., Sections 354 and 354B IPC were added and that besides respondent No.2, her minor son was also injured.
4.
Learned counsels for the parties submit that the parties have entered into a settlement vide Settlement Agreement dated 05.07.2024 before Delhi High Court Mediation and Conciliation Centre, Delhi High Court, Sher Shah Road, New Delhi and in terms of the settlement, respondent No.2 is now left with no claim or grievances whatsoever against the petitioners. 5.
The petitioners, who are present in the Court and respondent No.2, who has joined the proceedings through V.C. alongwith her husband, 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 the future. Respondent No.2 states that she has entered into the aforesaid Settlement Agreement 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.
Learned counsels for the parties submit that no other proceedings are pending between the parties.
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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 composite cost of Rs.10,000/- by the petitioners, 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 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.
10.
Proof evidencing receipt of deposit shall be filed with the I.O. In case the receipt of payment of cost 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 alongwith the pending application.
12.
Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. 13.
The date already fixed, i.e. 27.08.2024, stands cancelled. MANOJ KUMAR OHRI, J AUGUST 2, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.