Hari Om & ORS. v. State Govt. Of NCT Of Delhi And ANR.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9530/2023, CRL.M.A. 35622/2023 HARI OM & ORS.

..... Petitioners Through:

Mr. Sanjay Kaushik, Ms. Ridhi Sharma, Mr. Pushkar Sharma, Ms.

Isha Bansal, Mr. Gantavya Gulati and Mr. Prabhav Sethi, Advocates with petitioners in person.

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

Mr. Nawal Kishore Jha, APP for State with SI Vijay, P.S. Kanjhawala.

Mr. K.B.B. Singh and Ms. Mansi Kaushal, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 05.03.2024 1.

The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No.146/2021 registered under Sections 323/354/509/427/34 IPC at P.S. Kanjhawala Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioners repeatedly insulted the complainant and also gave beatings to her when she protested. 3.

Mr. Jha, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the complainant/victim in the present case.

4.

Learned counsel for the petitioners submits that the petitioners and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent No. 2 are known to each other as petitioners are in-laws of respondent No.2. It is further submitted that the present FIR was registered due to some misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Memorandum of Understanding dated 13.10.2023, a copy of which has been placed on record. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioners.

5.

It is informed that a cross FIR No. 145/2021 registered under Sections 452/323/34 IPC at P.S. Kanjhawala has also been by this Court vide today's order passed in CRL.M.C. 9482/2023.

6.

The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./SI Vijay, P.S. Kanjhawala, Delhi. Petitioners have shown remorse for their conduct and undertake not to repeat the same in future.

7.

Respondent No. 2, who is present in Court alongwith his counsel and has been identified by the IO, states that she has entered into the settlement with the petitioners out of his 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.

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.10,000/- to be deposited with the Delhi State Legal Services Authority within a period of four weeks from The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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. as well as in Court failing which, the Registry shall list the matter in the Court. 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. MANOJ KUMAR OHRI, J MARCH 5, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.