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High Court of DelhiCRL.M.C./8604/2024

Mohit Dang & ORS. v. State NCT Of Delhi & ANR.

2024-12-11Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8604/2024 MOHIT DANG & ORS .....Petitioners Through:

Mr. Sunil Kumar, Advocate with petitioners in person.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for State with SI Anugraha PS Welcome, Delhi.

Mr. Arjun Malik, Advocate for respondent nos.2 and with respondent nos.2 and 3 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 11.12.2024

O R D E R

1.

The present proceedings are instituted on behalf of the petitioners seeking quashing of FIR No. 0328/2018 registered under Sections 324/354/506/34 IPC at Police Station Welcome, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioners abused respondent No.2 and gave her beatings, causing her physical and mental distress.

3.

Mr. Shoaib Haider, learned APP for the State, on instructions, submits that the chargesheet stands filed in the present case. It is further submitted that the petitioners are the only accused persons against whom the charges have been framed and respondent No. 2 is the complainant/victim. He also states that keeping in view the serious nature of the allegations levelled The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

against the petitioners as well as the fact that the State machinery has been put in motion, the petitioners may be saddled with some costs. 4.

Learned counsel for the petitioners states that the parties are neighbours and the present FIR was registered due to a misunderstanding and with the intervention of the elders, close relatives and well-wishers, the parties have amicably settled their disputes before Delhi Mediation Centre, Karkardooma Courts, Delhi on 18.05.2024, a copy whereof has been placed on record. In terms of the said settlement, respondent No. 2/complainant is now left with no claims or grievances against the petitioners. Furthermore, learned counsel submits that a cross FIR bearing FIR No. 364/2018 has also been registered under Sections 323/354/506/34 IPC at P.S. Welcome, Delhi. The same is also being quashed today in CRL.M.C. 9651/2024.

5.

The petitioners and respondent No.2 are present in Court and are identified by their counsel as well as the Investigating Officer/ SI Anugraha PS Welcome, Delhi.

6.

The petitioners have shown remorse for their conduct and they undertake 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 he has no objection if the present FIR and consequent proceedings are quashed. 7.

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

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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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/- by the petitioners which shall be deposited with 'Avlamban Fund Scheme, 2024' (State Bank of India, Tis Hazari Branch, Delhi, Account No. 43599660056; IFSC SBIN0000726 & MICR Code 110002126) within a period of four weeks from today. 10.

Proof evidencing receipt of deposit shall be filed with the I.O. 11.

In case the cost is not deposited within four weeks, the I.O. shall be at liberty to move an appropriate application in this regard. 12.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J DECEMBER 11, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.