Mohd Azam & ORS. v. State Govt. Of NCT Of Delhi And ANR.

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9098/2023 MOHD AZAM & ORS.

..... Petitioners Through:

Mr. Javed Ashraf, Advocate for Ms.

Ashima Khan, Advocate with petitioners in person.

versus STATE GOVT. OF NCT OF DELHI AND ANR ..... Respondents Through:

Mr. Sanajeev Sabharwal, APP for State with SI Kapil Singh PS Timarpur, Delhi.

Mr. Sanjay Kumar Singh, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 23.02.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 105/2018 registered under Sections 323/354/354A/354B/354D/506/509/34 IPC at Police Station Timarpur, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR the petitioners repeatedly passed obscene gestures and made inappropriate comments on the complainant.

3.

Mr. Sanajeev Sabharwal, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the only complainant/victim in the present case. It is further submitted that the trial is at the stage of prosecution evidence. 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 present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Settlement Deed dated 03.08.2023, a copy of which has been placed on record as Annexure-P2. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioners. 5.

The petitioners and respondent No.2, who are present in Court, have been identified by their counsel as well as the I.O./ SI Kapil Singh PS Timarpur, Delhi.

6.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 also states that she has entered into the aforementioned settlement out of her own free will, volition and without any coercion. She 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.10,000/- to be deposited by each of the petitioners with the Delhi State Legal Services Authority within a period of two 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. as well as in Court.

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, DLSA for intimation.

11.

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

12.

In case proof of deposit of cost is not filed, the matter be placed before the Court.

MANOJ KUMAR OHRI, J FEBRUARY 23, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.