Bhupender Singh & ORS. v. The State (Govt. Of NCT Of Delhi) & ANR.
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1718/2024, CRL.M.A. 6576/2024, CRL.M.A. 6577/2024, CRL.M.A. 6578/2024, CRL.M.A. 6579/2024 BHUPENDER SINGH & ORS.
..... Petitioners Through:
Mr. Harish Singh and Mr. Anirudh, Advocates for petitioners with petitioners in person.
versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.
..... Respondents Through:
Mr. Aashmeet Singh, APP for State with IO/SI Suresh, P.S. Safdarjung Enclave.
Mr. Saurav Seth and Mr. Puneet Sharma, Advocates for respondent No. 2 with respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 06.03.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 259/2019 registered under Sections 308/323/34 IPC at P.S. 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 gave beatings to the complainant with sticks as a result of which injuries were sustained.
3.
Mr. Singh, learned APP for the State, on instructions, submits that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
petitioners are the only accused persons however, apart from respondent No.2/complainant, there are other injured persons namely, Tejas, Sanjay, Ramesh and Shakti who have not been impleaded in the present petition. 4.
At this stage, learned counsel for the petitioners submits the aforementioned injured persons are also present in Court and stand in line with respondent No.2 for quashing of the present FIR. 5.
It is submitted that the petitioners and respondent No. 2 and have amicably settled their disputes vide Memorandum of Understanding dated 24.08.2023, a copy of which has been placed on record. In terms of the said settlement, complainants are now left with no claim or grievance against the petitioners.
6.
It is informed that a cross FIR No. 0258/2019 registered under Sections 186/353/323/34 IPC at P.S. Safdarjung Enclave has also been quashed by this Court vide today's order passed in CRL.M.C. 9209/2023. 7.
The petitioners and respondent No.2 alongwith aforementioned injured persons, who are present in Court, have been identified by their counsel as well as the I.O./SI Suresh, P.S. Safdarjung Enclave, Delhi. Petitioners have shown remorse for their conduct and undertake not to repeat the same in future.
8.
Respondent No. 2 and other injured persons state that they have entered into the settlement with the petitioners 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. 9.
The parties shall remain bound by the statements made in Court today.
10.
In view of the above facts and considering that no useful purpose will The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 with the Delhi State Legal Services Authority 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.
11.
Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court failing which, the Registry shall list the matter in the Court. 12.
A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. 13.
With the above directions, the petition is disposed of alongwith miscellaneous applications.
MANOJ KUMAR OHRI, J MARCH 6, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.