Jacky Kumar And ORS v. State NCT And ANR
$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9021/2023 JACKY KUMAR AND ORS ..... Petitioners Through:
Mr. Sudhir Batra and Mr. Rohit Khanna, Advocates with petitioners in person.
versus STATE NCT AND ANR ..... Respondents Through:
Mr. Nawal Kishore Jha, APP for State With SI Vivek Singh and ASI Praful Toppo, P.S. Sarojini Nagar.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 19.03.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No. 109/2023 registered under Sections 506/308/452/120B/34 IPC at P.S. Sarojini Nagar, Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR, the petitioners trespassed into the house and caused injuries to respondent No.2 with saber and stick. 3.
Mr. Jha, learned APP for the State, on instructions, submits that apart from present petitioners, there is another accused, namely Sukhdev @ Sukha S/o Gurmeet Singh who has since expired. He further submits that respondent No.2 is the complainant/victim 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.
4.
Learned counsel for the petitioners submits that the parties have amicably settled vide Memorandum of Understanding/Compromise-Deed dated 26.04.2023. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioners. 5.
Petitioners, who are present in Court, have been identified by their counsel as well as the I.O./SI Vivek Singh and ASI Praful Toppo, P.S. Sarojini Nagar. Respondent No. 2, who is also present in Court, has been identified by the I.O.
6.
Petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 states that he has settled the disputes with the petitioners out of his own free will, volition and without any coercion and has no objection if the present FIR and the 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.50,000/- to be deposited by petitioner No.1 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 failing which, the Registry shall list the matter in the Court. 10.
A copy of this order be communicated to the Member Secretary, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Delhi State Legal Services Authority for intimation. 11.
With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J MARCH 19, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.