Mohd.Iftikar v. The State NCT Of Delhi And ANR.

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7059/2024, CRL.M.A. 26960/2024 MOHD.IFTIKAR .....Petitioner Through:

Mr. Sunil Tiwari, Adv.

versus THE STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Vikram Singh, PS Chandni Mahal.

Ms. Dolly, Adv. for R-2 with R-2 in person.

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. 084/2024 registered under Sections 288/338 IPC at P.S. Chandni Mahal, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, bricks from a newly constructed building fell on the respondent No.2, causing him injuries. 3.

Learned APP for the State, on instructions, submits that the petitioner is the only accused and respondent No.2 is the only victim in the present case. It is further submitted that the FIR is pending investigation. Learned APP further contends that though the parties have compromised, some cost may be imposed on the petitioners since the State machinery has already been put in motion and the allegations were of grave nature. 4.

Learned counsel for the petitioner submits that with the intervention of family members and friends, the parties have amicably settled their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

disputes vide Memorandum of Settlement/compromise dated 02.08.2024, a copy of which has been placed on record. In terms of the said settlement, the respondent No.2 is now left with no claim or grievance against the petitioner.

5.

The petitioner, who is present in Court, has been identified by his counsel as well as the I.O./ SI Vikram Singh, PS Chandni Mahal, Delhi. 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 he has entered into the aforementioned Memorandum of Settlement/compromise 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 petitioner submits that no other proceedings are pending between the parties.

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 the payment of a total cost of Rs. 25,000/-, out of which, the petitioner is directed to deposit a sum of Rs. 15,000/- 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. The petitioner is further directed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

to pay a sum of Rs. 10,000/- to the respondent No. 2 through the concerned I.O, within two weeks.

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.