Mohd. Abid v. State Of N.C.T. Of Delhi And Another

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7685/2024 and CRL.M.A. 29327/2024 MOHD. ABID .....Petitioner Through: Mr. Faiz Imam, Advocate with petitioner in person versus STATE OF N.C.T. OF DELHI AND ANOTHER .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Meetu Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 27.09.2024 1.

The present petition has been filed seeking quashing of FIR No.12/2023 registered under Sections 323/341/354/354D/506 IPC at P.S. Greater Kailash-I, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioner slapped and threatened respondent No.2.

3.

Learned APP for the State submits that in the present case the petitioner is the only accused and respondent No.2 is the complainant/victim. He further submits that chargesheet in the present case has 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 and since the State machinery has been put in use, the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioners be saddled with some costs.

4.

Learned counsel for the petitioner submits that the parties have entered into a settlement out of Court and in terms of the settlement, respondent No.2 is now left with no claim or grievance whatsoever against the petitioner.

5.

The petitioner, who is present in the Court, has been identified by his counsel as well as by the concerned Investigating Officer. Respondent No.2, who is present in the Court, has also been identified by the concerned Investigating Officer.

6.

The petitioner has shown remorse for his conduct and he undertakes not to repeat the same in future. Respondent No.2 states that she has entered into the aforesaid out of Court 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.

Learned counsel for the petitioner submits that no other proceedings are pending between the parties.

8.

The parties shall remain bound by the statements made in Court today.

9.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal 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.20,000/- by the petitioner, out of which Rs.10,000/- to be deposited with the Delhi State Legal Services Authority (A/c No.: 18580110053263, Bank: UCO BANK, Branch: Rouse Avenue, IFSC: UCBA0003364) and the remaining amount of Rs.10,000/- to be paid to the respondent No.2 by way of a demand draft The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

through concerned I.O. 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.

10.

Proof evidencing receipt of deposit shall be filed with the I.O. In case the receipt of payment of cost is not filed within the stipulated time, the I.O. shall be at liberty to move an appropriate application. 11.

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

12.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. MANOJ KUMAR OHRI, J SEPTEMBER 27, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.