Ravinder Kumar Sonu Tailor & ORS. v. State Gnct Of Delhi And ORS.

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9047/2023 RAVINDER KUMAR SONU TAILOR & ORS...... Petitioners Through:

Mr.Shubham Gupta, Advocate with petitioners.

versus STATE GNCT OF DELHI AND ORS.

..... Respondents Through:

Mr.Nawal Kishore Jha, APP for State with SI Ravi Shankar, PS Patel Nagar.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 02.04.2024 CRL.M.A. 33830/2023 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 9047/2023 1.

By way of present petition, the petitioners seek quashing of FIR bearing No.345/2016 registered under Sections 323/341/452/506/34 IPC at police station Patel Nagar, New Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners entered the house of the complainant, hurled abuses and gave beatings to him resulting in injury.

3.

Mr. Jha, learned APP for the State, on instructions, submits that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioners are the only accused persons and respondent No.2 and 3 are the victims in the present case. It is further submitted that the trial is at the stage of prosecution evidence.

4.

Learned counsel for the petitioners submits that the petitioners and respondent No. 2 and 3 are known to each other and present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Settlement dated 04.11.2023, a copy of which has been placed on record. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioners.

5.

The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./SI Ravi Shankar, PS Patel Nagar, Delhi who is present in the Court. Respondent No. 2 is also present in Court and has been identified by the I.O.

6.

Counsel for the petitioner submits that the amended memo of parties as well as affidavit of respondent No.3 has been filed, though the same is not on record. However, physical copy has been handed over in Court and it is taken on record. Respondent No.2 confirms that his mother/respondent No.3 has executed an affidavit stating that a compromise has been arrived at between the parties and has no objection if the present FIR is quashed. 7.

Mr.Jha, learned APP on instructions from the IO submits even the IO has verified that respondent No.3 is stated to be unwell and is presently at her village. She has affirmed that she has entered into settlement with petitioners and has no objection if FIR is quashed. 8.

Petitioner No.7 is stated to be in JC in another case and is represented through his father i.e. Petitioner No.8.

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

9.

Respondent no.1 to 6 and 8 are present and respondent No.2 is identified by IO.

10.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 also states that he has entered into the aforementioned Settlement Deed 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. 11.

The parties shall remain bound by the statements made in Court today.

12.

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 by each of the petitioners with the Delhi State Legal Services Authority(Account No.18580110053263, UCO Bank, Branch Rouse Avenue, IFSC:

UCBA0003364) within a period of two 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.

13.

Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court.

14.

A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. 15.

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

16.

In case receipt of cost is not filed within two weeks, the matter be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

placed before the Court.

MANOJ KUMAR OHRI, J APRIL 2, 2024 VLD The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.