Danish @ Burgal & ANR. v. The State NCT Of Delhi And ANR. & ANR.

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9369/2023 DANISH @ BURGAL & ANR ..... Petitioners Through:

Mr. Rashid Hussain, Mr. Mohd.

Nazim, Advocates with petitioners in person (M:9990282028).

versus THE STATE NCT OF DELHI AND ANR. & ANR.

..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Ravinder PS Shaheen Bagh, New Delhi.

Mr. Deewakar Arora, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 09.02.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No. 139/2019 registered under Sections 354/354D/506/452/34 IPC; under Section 12 of POCSO Act; and under Section 27 of Arms Act at Police Station Shaheen Bagh, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioners threatened and misbehaved with respondent No.2.

3.

Mr. Nawal Kishore Jha, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the only complainant/victim in the present case. It is further The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

submitted that the charge-sheet has been filed. 4.

Learned counsels for the parties submit that the present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Memorandum of Understanding dated 28.11.2023. In terms of the said settlement, respondent No.2 is now left with no claim or grievance against the petitioners.

5.

The petitioners and respondent No.2, who are present in Court, have been identified by their respective counsels as well as the I.O./ SI Ravinder PS Shaheen Bagh, New Delhi.

6.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 also states that she has entered into the aforementioned MOU out of her own free will, volition and without any coercion. She further states that she has 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 cumulative cost of Rs.50,000/- to be paid by the petitioners to respondent No.2 within a period of two weeks from today. 9.

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

10.

In case the proof of payment of cost is not filed within two weeks, the matter be placed before the Court.

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

11.

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

MANOJ KUMAR OHRI, J FEBRUARY 9, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.