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High Court of DelhiCRL.M.C./6300/2024

Prakash Bhardwaj v. State (NCT Of Delhi) & ANR.

2024-08-14Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.

6300/2024, CRL.M.A.

24112/2024, CRL.M.A.

24113/2024 PRAKASH BHARDWAJ .....Petitioner Through:

Mr. Pushpreet Arora and Mr. Sagar Sharma, Advocates with petitioner in person.

versus STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Aashneet Singh, APP for State with SI Pawan, P.S. North Rohini.

Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 14.08.2024

O R D E R

1.

The present proceedings are instituted on behalf of the petitioner seeking quashing of FIR No. 0123/2019 registered under Sections 392/394/411 IPC at P.S. North Rohini, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioner robbed the respondent No.2 of his mobile phone.

3.

Mr. Singh, learned APP for the State, on instructions, submits that the petitioner is the only accused person and respondent No.2 is the complainant/victim in the present case. He, on further instructions, submits that charge-sheet has been filed in the present case. Furthermore, he states that though the parties have compromised, however, since the State machinery has been put in motion and the allegations were of grave nature, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

some cost may be imposed upon the petitioner. 4.

Learned counsel for the petitioner submits that the petitioner and respondent No. 2 have amicably settled their disputes vide Compromisecum-Settlement Deed dated 03.08.2024, a copy of which has been placed on record.

5.

Petitioner, who is present in Court, has been identified by his counsel as well as the I.O./Pawan, P.S. North Rohini, Delhi. He has shown remorse for his conduct and undertakes not to repeat the same in future. 6.

Respondent No.2 is also present in Court and has been identified by the IO. He states that he has entered into the settlement with the petitioner 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.

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.5,000/- to be deposited with the Delhi State Legal Services Authority (A/c No. 18580110053263, UCO Bank, Branch : Rouse Avenue, IFSC : UCBA0003364) 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.

9.

Proof evidencing receipt of deposit shall be filed with the I.O. failing which, I.O. shall be at liberty to move appropriate application. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 pending applications.

MANOJ KUMAR OHRI, J AUGUST 14, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.