Sh Sidharth Shokeen v. State NCT Of Delhi And ANR
$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7442/2024, CRL.M.A. 28420/2024 SH SIDHARTH SHOKEEN .....Petitioner Through:
Mr.Arman Shokeen, Advocate with petitioner in person versus STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Arun Kumar, PS South Rohini.
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 20.09.2024 1.
The present proceedings are instituted under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) on behalf of the petitioner seeking quashing of FIR No. 280/2021 registered under Sections 323/324/506 IPC at Police Station South Rohini, Delhi on the ground that the parties have amicably settled their disputes.
2.
As per the allegations levelled in the FIR, the petitioner hurled abuses and gave beating to respondent No. 2.
3.
Learned APP for the State, on instructions, submits that the petitioner is the only accused and respondent No.2 is the only complainant/victim in the present case. It is further submitted that the chargesheet has already been filed. Learned APP further states that considering the serious nature of averments/allegations and that the incident has taken place at a public place, the petitioner may be saddled with heavy costs. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Learned counsel for the petitioner submits that the petitioner and respondent No.2 are relatives and present FIR was registered due to some misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes before the Delhi Mediation Centre, Rohini District Courts, Delhi vide Settlement Agreement dated 01.06.2024, 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 petitioner.
5.
The petitioner, who is present in Court, has been identified by his counsel as well as the I.O./ SI Arun Kumar, PS South Rohini, Delhi who is present in the Court. Respondent No.2 is also present in Court and has been identified by the concerned 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 Settlement Agreement 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.
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.30,000/- to be deposited by the petitioner with the Delhi State Legal Services Authority (Account No.18580110053263, UCO Bank, Branch Rouse Avenue, IFSC:
UCBA0003364) within a period of four weeks from today. The amount so The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 four weeks, the IO shall be at liberty to move an appropriate application in this regard. MANOJ KUMAR OHRI, J SEPTEMBER 20, 2024 akc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.