Rajesh Saini v. The State NCT Of Delhi And ORS
$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7578/2024, CRL.M.A. 28966/2024 RAJESH SAINI .....Petitioner Through:
Mr. Jai Subhash Thakur, Adv. with petitioner in person.
versus THE STATE NCT OF DELHI AND ORS .....Respondents Through:
Mr. Nawal Kishore Jha, APP for State with WSI Preeti, PS South Rohini.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 25.09.2024 1.
The present proceedings are instituted on behalf of the petitioner seeking quashing of FIR No. 899/2015 registered under Sections 354/506/509/34 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 beatings to respondents.
3.
Learned APP for the State, on instructions, submits that the petitioner is the accused and respondent Nos.2 & 3 are the complainant/victim in the present case. On instructions, he further submits that the co-accused Suraj Prakash has already expired on 16.07.2022, a copy of the death certificate has also been placed on record. He further submits that though the parties have compromised, however, since the State machinery has been put in motion, therefore, some cost may be imposed upon the petitioner. He further The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
submits that the chargesheet in the present has been filed. 4.
Learned counsel for the petitioner submits that the petitioner is the brother-in-law of respondent No.2 and the present FIR was registered due to some misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes out of Court. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioner.
5.
The petitioner and respondent No.2, who are present in Court, have been identified by their counsel as well as the I.O./WSI Preeti, P.S. South Rohini, Delhi. 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 she has entered into the aforementioned settlement 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 cumulative cost of Rs. 10,000/- 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 deposited shall be utilized by the Delhi State Legal Services Authority for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
providing counselling/psychological support to POCSO victims requiring such assistance.
9.
Proof evidencing receipt of deposit shall be filed with the 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 25, 2024 akc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.