Happy Alias Chandra Prakash & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9521/2023 HAPPY ALIAS CHANDRA PRAKASH & ORS ..... Petitioners Through:
Mr. T.D. Shukla, Advocate with petitioners in person.
versus STATE (GOVT. OF NCT OF DELHI) & ANR ..... Respondents Through:
Mr. Ashneet Singh, APP for State with SI Ravi Narwal PS Moti Nagar, Delhi.
Mr. Amarjeet Singh Sahni and Ms.
Vanshita Bhuranda, Advocate with respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 30.01.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 0527/2020 registered under Sections 354(A)/506/34 IPC at Police Station Moti Nagar, Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR, the complainant stated that she has been inappropriately touched by the petitioner No.1 and that his relatives have threatened her.
3.
Mr. Ashneet Singh, 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. 4.
Learned counsel for the petitioners submits that the petitioners and respondent No. 2 are neighbours and known to each other and present FIR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes and the respondent No.2/complainant has placed on record the affidavit of no objection (Annexure-P4) wherein she stated that she has no objection to quashing of the instant FIR.
5.
It is informed that a cross FIR No. 0528/2020 has also been registered under Sections 323/341/506/509/34 IPC at Police Station Moti Nagar against respondent No.2 on the complaint of petitioner No.1, which has also been quashed vide today's order passed in CRL.M.C. 9492/2023. 6.
The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./ SI Ravi Narwal PS Moti Nagar, Delhi. Respondent No. 2 is also present in Court and has been identified by her counsel as well as by the I.O.
7.
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 settlement out of her own free will, volition and without any coercion. She further states that he has no objection if the present FIR and consequent proceedings are quashed.
8.
The parties shall remain bound by the statements made in Court 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 payment of cumulative cost of Rs.25,000/- to be deposited by the petitioners with the Delhi State Legal Services Authority ('DSLSA') within a period of two weeks four weeks from today. The amount so deposited The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
shall be utilized by the DSLSA for providing counselling/psychological support to POCSO victims requiring such assistance. 10.
Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court.
11.
A copy of this order be communicated to the Member Secretary, DSLSA for intimation.
12.
With the above directions, the petition is disposed of alongwith miscellaneous application.
13.
The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioners is not filed within the stipulated time period.
MANOJ KUMAR OHRI, J JANUARY 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.