Vinod Kumar & ORS. v. State NCT Of Delhi And ORS.
$~111 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 428/2024 VINOD KUMAR & ORS.
..... Petitioners Through: Mr.Yash Kadyan, Advocate versus STATE NCT OF DELHI AND ORS.
..... Respondents Through: Mr.Naval Kishore Jha, APP for State with SI Brij Mohan and SI Rajesh
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 19.01.2024 CRL.M.A. 1695/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
The application is disposed of.
CRL.M.C. 428/2024, CRL.M.A. 1693/2024 and CRL.M.A. 1694/2024 1.
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.45/2020, registered under Sections 436/506/34 IPC at P.S. Geeta Colony, Delhi on the ground that the parties have amicably settled their disputes.
2.
As per the allegations levelled in the FIR, on 11.02.2020, respondent No.2 upon hearing sounds, went out to his balcony and saw his scooty ablaze and 2 people fleeing from the scene. Due to the said fire, properties of respondent Nos.3-6 were also damaged.
3.
Learned APP for the State submits that in the present case the petitioners are the only accused persons and respondent Nos.2 to 6 are the only complainants/victims.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Learned counsels for the parties submit that the parties who are neighbours, with the intervention of well-wishers, friends and relatives, have settled their disputes vide Settlement and Compromise Deed dated 20.12.2022. In terms of the settlement, a cheque of amount of Rs.6,20,000/- bearing No.614957 dated 19.01.2024 drawn on Indian Bank, Geeta Colony Branch, New Delhi has been handed over in Court today. The petitioners assure that the said cheque would be encashed upon presentation. In terms of the settlement, respondent Nos.2 to 6 are now left with no claim whatsoever against the present petitioners.
5.
The petitioners and respondent Nos.2 to 6, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.
6.
The petitioners have shown remorse for their conduct and they undertake not to repeat the same in future. Respondent Nos.2 to 6 state that they have entered into the aforesaid settlement and compromise deed out of their own free will, volition and without any coercion. They further state that they have 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 today.
9.
In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to receipt and encashment of the aforesaid cheque and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
subject to payment of costs of Rs.5,000/- to be deposited by each petitioner with the Delhi State Legal Services Authority 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 Investigating Officer as well as in Court.
11.
With the above directions, the petition is disposed of alongwith the pending applications.
12.
Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. 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 19, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.