Akash Bhalla & ORS. v. The State National Capital Of Territory Of Delhi & ANR.

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2809/2024 & CRL.M.A. 27480/2024 AKASH BHALLA & ORS.

.....Petitioners Through:

Ms. Ishma Randhawa, Mr. Dhananjay Grover, Mr. Karthek Padmanaabhan and Mr. Saksham Sejwal, Advs.

versus THE STATE NATIONAL CAPITAL OF TERRITORY OF DELHI & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Crl.) for State with Mr. Abhinav Kumar Arya, Adv.

SI Ankita Singh, PS Safdarjung Enclave.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 11.09.2024 1.

The present proceedings are instituted on behalf of the petitioners seeking quashing of FIR No. 047/2020 registered under Sections 323/354/34 IPC at Police Station Safdarjung Enclave, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioners had altercation with Respondent No.2 and tried to molest her. 3.

Learned Standing Counsel 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. It is further submitted that the charge-sheet has been filed in the present case. Learned Standing Counsel The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

further states that considering the serious nature of averments/allegations and that the incident has taken place at a public place and since the State machinery has been put in use, the petitioners be saddled with some costs. 4.

Learned counsel for the petitioners submits that the present FIR was registered due to misunderstanding and with the intervention of family members, friends and well wishers, parties have amicably settled their disputes Memorandum of Understanding (MoU) dated 22.02.2020 and affidavit of respondent No.2 in this regard has already been placed on record. In terms of the said settlement, complainant/victim is now left with no claim or grievance against the petitioners. 5.

The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./SI Ankita Singh, PS Safdarjung Enclave, Delhi. Respondent No.2, who is also present in Court, has been identified by the concerned I.O.

6.

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 compromise/MoU 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 cost of Rs.25,000/- each to be deposited by the petitioners with the Delhi State Legal Services Authority(Account The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No.18580110053263, UCO Bank, Branch Rouse Avenue, IFSC:

UCBA0003364) within a period of four 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 concerned I.O.

10.

A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. 11.

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

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 SEPTEMBER 11, 2024 akc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.