Satish Saini & ORS. v. The State NCT Of Delhi And ORS

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7670/2024, CRL.M.A. 29245/2024 SATISH SAINI & ORS.

.....Petitioners Through:

Mr. Dinesh Kumar Sharma, Mr.

Vikas Saini, Mr. Kawalpreet Singh, Mr. Manish Malik, Mr. Ashish Balyan and Mr. Jai Subhash Thakur, Advocate.

versus THE STATE NCT OF DELHI AND ORS .....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Ravindra, PS South Rohini.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 26.09.2024 1.

By way of present petition, the petitioners seek quashing of FIR No. 900/2015 registered under Sections 354/323/506/34 of IPC at P.S. South Rohini, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioners, who are the in-laws of the respondent No.2 harassed her and also gave beatings to respondent No.3.

3.

Learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No. 2 and respondent No.3 are the only complainant/victims in the present case. He further states that the underlying dispute is between the two brothers. It is further submitted that the chargesheet in the present case has been filed. Learned APP further The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.

4.

Learned counsel for the petitioners submits that the respondent No. 2 is the sister-in-law of the petitioner No. 1 and present FIR was registered due to 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 petitioners.

5.

It is informed that a cross FIR No. 899/2015 has also been registered under Sections 354/506/509/34 IPC at Police Station South Rohini which has also been quashed vide order dated 25.09.2024 passed in CRL.M.C. 7578/2024.

6.

The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./ SI Ravindra, PS South Rohini, Delhi who is present in the Court. Respondent No. 2 and 3 are also present in Court and has been identified by the I.O.

7.

The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 and 3 also state that they 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. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 petitioners 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.

10.

Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court.

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 IO shall be at liberty to move an appropriate application in this regard. MANOJ KUMAR OHRI, J SEPTEMBER 26, 2024 akc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.