Mukesh Dayama v. The State NCT Of Delhi And ANR

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6835/2024 & CRL. MAs 26125-26/2024 MUKESH DAYAMA .....Petitioner Through:

Mr. O.P. Agarwal adn Mr. M.A.

Khan, Advocates with petitioner in person.

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

Mr. Laksh Khanna, APP for State with SI Ankur PS Saket, New Delhi.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 30.08.2024 1.

The present proceedings are instituted on behalf of the petitioner seeking quashing of FIR No. 231/2018 registered under Section 354(D) IPC at Police Station Saket, New Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioner stalked and misbehaved with the respondent No.2.

3.

Mr. Laksh Khanna, learned APP for the State, on instructions, submits that the petitioner is the only accused and respondent No.2 is the complainant/victim in the present case. It is further submitted that the charge-sheet has been filed.

4.

Learned counsel for the petitioner submits that the present FIR was registered due to misunderstanding and the respondent no.2/complainant has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

made a statement on 22.07.2024 that she did not want to pursue her complaint any further and she would render her cooperation in quashing the instant FIR. An affidavit in this regard has also been placed on record. 5.

The petitioner, who is present in Court, has been identified by his counsel as well as the I.O./ SI Ankur PS Saket, New Delhi who is present in the Court. Respondent No. 2 is also present in Court and has been identified by the I.O.

6.

The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No. 2 also states that she has entered into the settlement 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.5,000/- to be deposited by the petitioner 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.

9.

Proof evidencing receipt of deposit shall be filed with the I.O. 10.

A copy of this order be communicated to the Member Secretary, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Delhi State Legal Services Authority for intimation. 11.

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

12.

In case the proof of cost is not filed within two weeks, the IO shall be at liberty to move an appropriate application in this regard. MANOJ KUMAR OHRI, J AUGUST 30, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.