Subodh Kumar Kaushik & ANR. v. State NCT Of Delhi & ANR.

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6573/2024 & CRL. MA 25127/2024 SUBODH KUMAR KAUSHIK & ANR .....Petitioners Through:

Mr. Rahul Yadav, Mr. Sahil Rao, Mr.

Shahrukh Sharma, Mr. Harpal Singh, Mr. Surender Singh, Mr. Rajinder Singh, Mr. Shiv Rattan Yadav and Ms. Divya Sharma, Advocates with petitioners in person.

versus STATE NCT OF DELHI & ANR .....Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Seema Meena PS Dwarka South and SI Sunil Kumar PS Dwarka North (M:9650289930) Mr. Akshay, Advocate for respondent No.

(M:9811508020) with respondent No.2 (through VC).

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 23.08.2024

O R D E R

1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 540/2020 registered under Sections 354B/354/506/34 IPC at P.S. Dwarka North, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners lured the respondent No.2 to their car, whereby they inappropriately touched her and threatened her, causing her mental distress.

3.

Mr. Sanjeev Sabharwal, learned APP for the State, submits that the chargesheet has already been filed and that in the present case, the petitioners are the only accused persons against whom the charge-sheet has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

been filed and respondent No. 2 is the complainant/victim. He further prays that though the parties have compromised, some cost may be imposed upon the petitioners, since the State machinery has already been put in motion and the allegations were of grave nature.

4.

Learned counsel for the petitioners submits that the present FIR was registered due to a misunderstanding and that with the intervention of family members and friends, the parties have settled their disputes vide Memorandum of Settlement dated 28.04.2024, a copy whereof has been placed on record. In terms of the settlement, the respondent No.2/complainant has no remaining grievances against the petitioners. 5.

The petitioners and the respondent No.2 (who has joined the proceedings through VC along with her counsel) have been identified by their respective counsels as well as by the I.O./ SI Seema Meena, PS Dwarka South and SI Sunil Kumar, PS Dwarka North (M:9650289930). 6.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in the future. Respondent No.2 states that she has settled her disputes with the petitioners out of her own free will, volition and without any coercion. She further submits that she has no objection in case the FIR is quashed against the petitioners.

7.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

8.

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

9.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashed, subject to the payment of cost of Rs.10,000/- to be paid by each of the petitioners to the respondent No.2 by way of demand draft through the concerned I.O., within two weeks, and the proof evidencing receipt of payment shall be filed with the I.O.

10.

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

11.

In case the proof of payment of cost is not filed within two weeks, the I.O. shall be at liberty to move an appropriate application in this regard. MANOJ KUMAR OHRI, J AUGUST 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.