Vijay Kain & ORS. v. State (NCT Of Delhi) & ANR.

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9075/2023 VIJAY KAIN & ORS.

..... Petitioners Through: Mr. Dheeraj Kumar Sharma, Advocate with petitioners in person versus STATE (NCT OF DELHI) & ANR.

..... Respondents Through: Mr. Laksh Khanna, APP for State with SI Nandan Singh and ASI Munni Khan Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 12.03.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.50/2019 registered under Sections 323/354/509/34 IPC at P.S. Mansarovar Park, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners beat, abused and misbehaved with respondent No.2.

3.

Learned APP for the State submits that in the present case the petitioners are the only accused persons and respondent No.2 is the only complainant/victim.

4.

Learned counsel for the petitioners submits that the parties, have settled their disputes vide Memorandum of Understanding dated 06.08.2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and in terms of the settlement, respondent No.2 is now left with no claim whatsoever against the present petitioners.

5.

The petitioners, who are present in the Court, have been identified by their counsel as well as by the Investigating Officer. Respondent No.2, who is also present in the Court, has been identified by the Investigating Officer. 6.

The petitioners have shown remorse for their conduct and they undertake not to repeat the same in future. Respondent No.2 state that she has entered into the aforesaid Memorandum of Understanding 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 counsel for the petitioners submits that connected FIR being FIR No.49/2019 registered under Sections 323/341/506/34 IPC at P.S. Mansarovar Park, Delhi has also been quashed today vide CRL.M.C. 8624/2023.

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 cost of Rs.25,000/- to be deposited by each of 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.

10.

Proof evidencing receipt of deposit shall be filed with the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Investigating Officer as well as in Court.

11.

With the above directions, the petition is disposed of. 12.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. 13.

The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioners is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J MARCH 12, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.