Rishi Kumar @ Rishi v. State Gnctd And ANR.

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9077/2023 RISHI KUMAR @ RISHI ..... Petitioner Through: Mr. Abhishek Gupta, Advocate with petitioner in person versus STATE GNCTD AND ANR.

..... Respondents Through: Mr.Laksh Khanna, APP for State with SI Sarita Solanki

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 12.02.2024 CRL.M.A. 33919/2023 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 9077/2023 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.694/2016 registered under Sections 323/341/354/354A/506 IPC at P.S. Punjabi Bagh, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioner abused, intimidated and misbehaved with respondent No.2. 3.

Learned APP for the State submits that respondent No. 2 is the only complainant/victim and that apart from the petitioner, there is another accused namely, Manju, who has been chargesheeted. However, she has not been impleaded as a party. He, further, 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.

proceedings under Section 82 Cr.P.C. have already been initiated against Manju.

4.

At this stage, learned counsel for the petitioner submits that Manju has never appeared before trial court and is not traceable. 5.

Learned counsel for the petitioner submits that the parties have entered into a settlement vide Settlement Deed dated 07.12.2023 and in terms of the settlement, respondent No.2 is now left with no claim whatsoever against the present petitioner.

6.

The petitioner, who is present in the Court, has been identified by his counsel as well as by the Investigating Officer. Respondent No.2, who is also present in Court, has been identified by the I.O. 7.

The petitioner has shown remorse for his conduct and he undertakes not to repeat the same in future. Respondent No.2 states that she has entered into the aforesaid Settlement Deed 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. 8.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

9.

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

10.

In view of the above facts alongwith the fact that the other accused namely, Manju is not traceable and that proceedings under Section 82 Cr.P.C. has already been initiated against her, it is deemed apposite if the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed against the present petitioner only, subject to payment of cost of Rs.25,000/- by the petitioner out of which Rs.20,000/- is to be paid to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent No.2 by way of a Demand Draft through Investigating Officer and remaining Rs.5,000/- is to be deposited 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.

11.

Proof evidencing receipt of deposit and payment shall be filed with the Investigating Officer as well as in Court. 12.

With the above directions, the petition is disposed of. 13.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. 14.

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

MANOJ KUMAR OHRI, J FEBRUARY 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.