Mohd. Heera @ Md. Heera And ANR v. The State Govt Of NCT Of Delhi And ANR
$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3544/2024, CRL.M.A.
33873/2024, CRL.M.A.
33874/2024 MOHD. HEERA @ MD. HEERA AND ANR .....Petitioners Through:
Mr. Siddharth Chaudhary, Ms. Mansi Batra, Mr. Vivek Teotia and Ms.
Akshiptika Verma, Advocates along with petitioners in person.
versus THE STATE GOVT OF NCT OF DELHI AND ANR.
....Respondents Through:
Mr. Sanjay Lao, Standing Counsel for State with Mr. Abhinav Kr. Arya, Advocate alongwith SI Narender Singh, P.S. Chandni Mahal.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 13.11.2024 1.
The present proceedings are instituted on behalf of the petitioners seeking quashing of FIR No. 236/2024 registered under Sections 115/127/356/351 of BNS at P.S. Chandni Mahal, Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR, petitioners accused the respondent No.2 of selling counterfeit jewellery and confined him in a jewellery shop and physically assaulted him.
3.
Learned Standing Counsel for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
complainant/victim 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.
4.
Learned counsel for the petitioners submits that the petitioners and respondent No.2 have amicably settled their disputes vide MOU dated 21.10.2024, a copy of which has been placed on record. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioners.
5.
The petitioners, who are present in Court, have been identified by their 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 No. 2, who is present in person, has been identified by the IO. He states that he has entered into the settlement with the petitioners out of his own free will, volition and without any coercion. He further states that he has no objection if the present FIR and consequent proceedings are quashed.
7.
The parties shall remain bound by the statements made in Court today.
8.
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.10,000/- 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 : UCBA0003364) within a period of four weeks from today. The amount so The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
deposited shall be utilized by the DSLSA for providing counselling/psychological support to POCSO victims requiring such assistance.
9.
Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court failing which, the I.O. shall be at liberty to move appropriate application.
10.
A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. 11.
With the above directions, the petition is disposed of alongwith pending applications.
MANOJ KUMAR OHRI, J NOVEMBER 13, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.