Nikhil Kumar And ANR v. State Govt Of NCT Of Delhi And ORS

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.

6549/2024, CRL.M.A.

25026/2024, CRL.M.A.

25027/2024 NIKHIL KUMAR AND ANR .....Petitioners Through:

Ms. Pooja Arora, Mr. Badal Tanwar and Mr. Sahil Sharma, Advocates with petitioners in person.

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

Mr. Nawal Kishore Jha, APP for State with SI Deepak Sahu, P.S. Pul Prahladpur.

Respondent Nos. 2 and 3 are present in Court alongwith their counsel.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 22.08.2024 1.

The present proceedings are instituted on behalf of the petitioners seeking quashing of FIR No. 499/2020 registered under Sections 323/354A/354D/509/506/451/34 IPC and Section 12 of POCSO Act at P.S. Pul Prahladpur, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners made inappropriate gestures to respondent No.2 and when her mother i.e. respondent No.3 resisted, the petitioners also had an altercation with her. 3.

Mr. Jha, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent Nos.2 and 3 are the victim and complainant/mother of the victim, respectively, in the present case.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/08/2024 at 12:27:06

4.

Learned counsel for the petitioners submits that the petitioners and respondent Nos. 2 and 3 have amicably settled their disputes vide MOU dated 28.04.2024, a copy of which has been placed on record. 5.

The petitioners and respondent Nos.2 and 3, who are present in Court, have been identified by their respective counsels as well as the I.O./SI Deepak Sahu, P.S. Pul Prahladpur, Delhi. Petitioners have shown remorse for their conduct and undertake not to repeat the same in future. 6.

Respondent Nos. 2 and 3 state that they have entered into the settlement with the petitioners out of their own free will, volition and without any coercion. They further state that they have no objection if the present FIR and the 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.5,000/- to be paid by each of the petitioners to the respondent No.2 by way of a demand draft through the IO within two weeks.

9.

Proof evidencing receipt of deposit shall be filed with the I.O. failing which, I.O. shall be at liberty to move appropriate application. 10.

With the above directions, the petition is disposed of alongwith pending applications.

MANOJ KUMAR OHRI, J AUGUST 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. The Order is downloaded from the DHC Server on 28/08/2024 at 12:27:06