Sh Sanjay Rathi And ORS v. The State Govt. Of NCT Of Delhi And ORS.

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9182/2023, CRL.M.A. 34320/2023 SH SANJAY RATHI AND ORS ..... Petitioners Through:

Mr. Rajneesh Bhardwaj, Advocate with petitioners in person.

versus THE STATE GOVT. OF NCT OF DELHI AND ORS.

..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Prameet, P.S. Adarsh Nagar.

Mr. Narender Sharma, Advocate for respondent Nos.

to with respondent Nos. 2 to 6 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 22.01.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 572/2014 registered under Sections 354/354A/354D/427/147/149 IPC at Police Station Adarsh Nagar, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the complainant/respondent No.2, who is stated to be a house wife, alleged that on 28.08.2014 petitioners, who are their neighbours, came in Scorpio car and started assaulting respondent No.4 and when respondent No. 2 tried to intervene, petitioners also misbehaved with her and also gave beatings as a result of which she sustained injuries.

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

3.

Mr. Jha, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent Nos. 2 to 6 are the only complainants/victims in the present case. It is further submitted that the charge has been framed and prosecution evidence is yet to begin. 4.

Learned counsel for the petitioners submits that the petitioners and respondent Nos. 2 to 6 are known to each other being neighbours and with the intervention of family members, friends and respectable members of the society, parties have amicably settled their disputes vide Settlement Agreement dated 15.01.2023, a copy of which has been placed on record. In terms of the said settlement, complainants are now left with no claim or grievance against the petitioners.

5.

It is informed that a cross FIR No. 573/2014 under Sections 323/427/452/34 IPC has also been registered against the present complainants at Police Station Adarsh Nagar on the complaint of present petitioners which has also been quashed vide today's order passed in CRL.M.C. 282/2024.

6.

The petitioners and respondent Nos. 2 to 6, who are present in Court, have been identified by their respective counsel as well as the I.O./SI Prameet, P.S. Adarsh Nagar, Delhi who is present in the Court. 7.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent Nos. 2 to 6 also state that they have entered into the aforementioned Settlement Agreement 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 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 within a period of four weeks from today. The amount so deposited shall be utilized by the DSLSA for providing counselling/psychological support to POCSO victims requiring such assistance.

10.

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

11.

A copy of this order be communicated to the Member Secretary, DSLSA for intimation.

12.

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

MANOJ KUMAR OHRI, J JANUARY 22, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.