Ashish Srivastava & ORS v. State (NCT Of Delhi) & ORS

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 995/2020, CRL.M.A. 4024/2020 ASHISH SRIVASTAVA & ORS .....Petitioners Through:

Dr. G.S. Chauhan and Mr. Rakesh K.

Singh, Advs. with petitioner nos. 1, 2 and 4 to 9 in person.

Petitioner no. 3 through V.C.

versus STATE (NCT OF DELHI) & ORS .....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Aayush Rajput, PS Jama Masjid.

Mr. Manish Gandhi, Mr. Hemant Verma and Mr. Dhiraj Philip, Advs.

for complainant with R-2 & R-3 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 23.10.2024 1.

By way of present petition, the petitioners seeking quashing of FIR No. 043/2013 registered under Sections 323/354/354B/451/506/509/34 IPC at Police Station Jama Masjid, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners misbehaved and gave beatings to the complainants/victims. 3.

Learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No. 2 & 3 are the complainants/victims in the present case. It is further submitted that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

chargesheet has already been filed in this case. 4.

Learned counsel for the petitioners submits that the petitioners and respondent Nos. 2 & 3 are known to each other and present FIR was registered due to some misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Memorandum of Understanding dated 19.08.2019, a copy of which has been placed on record. In terms of the said settlement, the complainants are now left with no claim or grievance against the petitioners. 5.

It is informed that a cross FIR No. 042/2013 has also been registered under Sections 323/324/354/341/506/34 IPC at Police Station Jama Masjid on the complaint of petitioner No.3, which has also been quashed today vide order passed in CRL.M.C. 1022/2020.

6.

The petitioner Nos. 1, 2 and 4 to 9, who are present in the Court and petitioner no. 3, who has joined through V.C., have been identified by their counsel as well as the I.O./SI Aayush Rajput, PS Jama Masjid, Delhi. Respondent Nos. 2 & 3 are also present in Court and have been identified by their counsel as well as the I.O.

7.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent Nos. 2 & 3 also state that they have entered into the aforementioned MOU out of their own free will, volition and without any coercion. They further state that they have no objection if the present FIR and consequent proceedings are quashed. 8.

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

9.

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

FIR and the consequent proceedings arising therefrom are hereby quashed. 10.

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

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