Balbir & ORS. v. State Govt Of NCT Delhi & ORS.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3480/2024 BALBIR & ORS.

.....Petitioners Through:

Mr.

Choudhary Amit Bassoya, Advocate versus STATE GOVT OF NCT DELHI & ORS.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for State with SI Raj Kumar, P.S.

Fatehpur Beri.

Ms. Charu Dalal, Advocate for respondent Nos.

to with respondent Nos. 3 to 9 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 04.12.2024

O R D E R

1.

The present proceedings are instituted on behalf of the petitioners seeking quashing of FIR No. 556/2014 registered under Sections 115(20/126(2)/351(2)/3(5) of BNS at P.S. Fatehpur Beri on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioners started a scuffle and gave beatings to the complainants. 3.

Learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent Nos. 3 to 9 are the injured/victims in the present case. He further, submits that though the parties have compromised, however, since the State machinery has been put in motion and the allegations are of grave nature, some cost may be imposed upon the petitioners.

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

4.

Learned counsel for the petitioners submits that the petitioners and respondent Nos. 3 to 9 are known to each other 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 before the MOU/Settlement dated 29.10.2024, a copy of which has been placed on record.

5.

The petitioners and respondent Nos. 3 to 9, who are present in Court, have been identified by their respective counsel as well as the I.O. Petitioners have shown remorse for their conduct and undertake not to repeat the same in future.

6.

Respondent Nos. 3 to 9 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.

7.

It is informed that a cross FIR No. 557/2024, registered under Sections 115(2)/126(2)/351(2)/3(5) of BNS Act at P.S. Fatehpur Beri, Delhi, on the complaint of petitioners has also been quashed vide today's order passed in W.P.(CRL) 3472/2024.

8.

The parties shall remain bound by the statements and undertaking 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 FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cost of Rs.20,000/- to be deposited by each of the petitioners with the Delhi State Legal Services Authority (A/c No. 18580110053263, UCO Bank, Branch : Rouse Avenue, IFSC : The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

UCBA0003364) within a period of four weeks from today. The amount so deposited shall be utilized by the DSLSA for providing counselling/psychological support to POCSO victims requiring such assistance.

10.

Proof evidencing receipt of deposit shall be filed with the I.O. failing which, the I.O. shall be at liberty to move appropriate application. 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. MANOJ KUMAR OHRI, J DECEMBER 4, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.