Shaqib Alias Sakib Khan And ANR v. The State Of NCT Of Delhi And ORS
$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9328/2023 & CRL.M.A. 34881/2023 SHAQIB ALIAS SAKIB KHAN AND ANR ..... Petitioners Through:
Mr. Vijay Devwedi, Advocate with petitioners in person.
versus THE STATE OF NCT OF DELHI AND ORS ..... Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Akashdeep PS Jamia Nagar, Delhi.
Mr. Mohd. Ismail, Advocate for respondent Nos. 2 and 3 with respondent Nos. 2 and 3 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 06.03.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No. 200/2018 registered under Sections 354D/509/506/34 IPC and 12 of POCSO Act 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, the petitioners stalked, threatened and intimidated respondent Nos. 2 and 3. 3.
Mr. Nawal Kishore 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 only complainants/victims in the present case. He further, on instructions from the I.O., state that Section 27 Arms Act has also been added.
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4.
Learned counsel for the petitioners submits that the parties have amicably settled their disputes vide Memorandum of Understanding dated 27.10.2023, a copy of which has been placed on record. Learned counsel for Respondent Nos.2 and 3 state that the said respondents were minor at the time of offence however, they are currently 21 years and 23 years respectively. In terms of the said settlement, respondent Nos.2 and 3 are now left with no claim or grievance against the petitioners. 5.
The petitioners and the respondent Nos. 2 and 3, who are present in Court, have been identified by their respective counsel as well as the I.O./ SI Akashdeep PS Jamia Nagar, Delhi.
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 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. 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.20,000/- by each of the petitioners out of which Rs.10,000/- shall be paid to respondent Nos.2 and 3 and Rs.10,000/- shall be deposited with the Delhi State Legal Services Authority within a period of two weeks from today. The amount so deposited shall be utilized by the Delhi State Legal Services Authority for providing counselling/psychological support to POCSO victims requiring such The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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, Delhi State Legal Services Authority for intimation. 11.
With the above directions, the petition is disposed of alongwith miscellaneous application.
12.
In case proof of cost is not filed within two weeks, the matter be placed before the Court.
MANOJ KUMAR OHRI, J MARCH 6, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.