Mohd Naushad & ANR. v. The State National Capital Territory Of Delhi & ORS.
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9314/2023, CRL.M.A. 34806/2023 MOHD NAUSHAD & ANR.
..... Petitioners Through:
Mr. Nitesh Kumar, Advocate with petitioners in person.
versus THE STATE NATIONAL CAPITAL TERRITORY OF DELHI & ORS.
..... Respondents Through:
Mr. Nawal Kishor Jha, APP for State with SI Manish Tyagi, P.S. Jamia Nagar.
Respondent Nos.2 and 3 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 11.01.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 430/2017 registered under Sections 323/324/506/34 IPC at Police Station Jamia Nagar, Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR, on 15.06.2017 when the complainants were in their house and their children went to a nearby market a quarrel took place between their children and petitioners wherein the petitioners gave beatings to them. Thereafter, petitioners brought the children of the complainants at their house and also gave beatings to the complainants as a result of which both the complainants sustained injuries. 3.
Mr. Jha, learned APP for the State, on instructions, submits that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 final arguments.
4.
Learned counsel for the petitioners submits that the petitioners and respondent No. 2 are known to each other and present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes out of Court. In terms of the said settlement, complainants are now left with no claim or grievance against the petitioners.
5.
The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./SI Manish Tyagi, P.S. Jamia Nagar, Delhi who is present in the Court. Respondent Nos. 2 and 3 are also present in Court and have been identified by the I.O.
6.
The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent Nos. 2 and 3 also state that they have settled the disputes with the petitioner 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 and have placed their affidavits in this regard.
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.7,500/- to be paid by each of the petitioners. Out of the total cost, a sum of Rs.5,000/- each shall be paid to respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Nos. 2 and 3 by way of a demand draft before the Trial Court and balance amount of Rs.2,500/- each shall be deposited by 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.
10.
A copy of this order be communicated to the Member Secretary, DSLSA for intimation.
11.
With the above directions, the petition is disposed of alongwith miscellaneous application.
12.
Dasti MANOJ KUMAR OHRI, J JANUARY 11, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.