Shripal And ORS v. The State Govt. Of NCT Of Delhi And ANR

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6740/2024 SHRIPAL AND ORS .....Petitioners Through:

Mr. Manoj Sharma and Mr. Sanjeev Shukla, Advocates.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR .....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Suresh Kumar Meena, PS New Usman Pur (9968256274).

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 06.09.2024

O R D E R

1.

The present petition has been filed seeking quashing of FIR No. 235/2009 registered under Sections 325/379/356/506/34 IPC at P.S. New Usmanpur, Delhi, on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners, on account of previous enmity, gave a beating to the respondent No.2 with rods, causing injuries on his hand and leg.

3.

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 submitted that the chargesheet has been filed and the charges have been framed against the petitioners. Learned APP further states that though the parties have compromised, some cost may be imposed on the petitioners since the State The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

machinery has already been put in motion and the allegations were of grave nature.

4.

Learned counsel for the petitioners submits that the petitioners and respondent No. 2 are neighbours residing in the same vicinity and that the present FIR was registered due to a misunderstanding and with the intervention of family members and friends, the parties have amicably settled their disputes vide Compromise Deed dated 01.08.2024, a copy of which has been placed on record. In terms of the said settlement, the complainant is now left with no claim or grievance against the petitioners. It is further submitted that a cross-FIR No. 0260/2005 has also been registered under Sections 307/323/34 IPC at P.S. New Usmanpur, Delhi, against the respondent No. 2 (accused No. 6 therein) on the complaint of the wife of petitioner No. 3, which has also been quashed vide today's order passed in CRL.M.C. 7034/2024.

5.

The petitioners, who are present in Court, have been identified by their counsel as well as by the I.O./ SI Suresh Kumar Meena, PS New Usmanpur, Delhi. Respondent No. 2 is also present in Court and has 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 No. 2 also states that he has entered into the aforementioned Compromise Deed out of his own free will, volition and without any coercion. He further states that he has no objection if the present FIR and consequent proceedings are quashed. 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 made in Court The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

today.

9.

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 the payment of a cumulative cost of Rs.25,000/- to be deposited by the petitioners with the Delhi State Legal Services Authority (Account No.18580110053263, UCO Bank, Branch Rouse Avenue, IFSC:

UCBA0003364) 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 assistance.

10.

Proof evidencing receipt of deposit shall be filed with the I.O. 11.

A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. 12.

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

13.

In case the proof 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 SEPTEMBER 6, 2024 akc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.