Junaid v. The State Govt Of NCT Of Delhi And ANR.
$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8939/2024 & CRL. MA 34201/2024 JUNAID .....Petitioner Through:
Mr. Sandeep Jain, Advocate with petitioner in person.
versus THE STATE GOVT OF NCT OF DELHI AND ANR .....Respondents Through:
Mr. Shoaib Haider, APP for State with SI Hemant PS Jafrabad, Delhi.
Mr. Mohammad Sajid and Mr.
Abdullah Bin Masood, Advocates for respondent no.2 with respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 14.11.2024 1.
The present proceedings are instituted on behalf of the petitioner seeking quashing of FIR No. 392/2017 registered under Sections 308/324/34 IPC at Police Station Jafrabad, Delhi on the ground that the parties have amicably settled their disputes.
2.
As per the allegations levelled in the FIR, the petitioner hit the respondent No.2 with a stick/hockey and threatened him. 3.
Mr. Shoaib Haider, learned APP for the State, submits that in the present case, the chargesheet has been filed. He further submits, on instructions, that the petitioner is the accused against whom the chargesheet has been filed and respondent No. 2 is the complainant/victim in the present case. He also states that although the parties have compromised, considering the serious nature of the averments/allegations made and that the state The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
machinery has already been put in motion, the petitioner may be saddled with some costs.
4.
Learned counsel for the petitioner submits that the present FIR was registered due to a misunderstanding and with the intervention of elders, close relatives and well-wishers, the parties have amicably settled their disputes vide Settlement Deed dated 12.09.2024, 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.
5.
The petitioner and respondent No.2 are present in Court and are identified by their respective counsels as well as the Investigating Officer/ SI Hemant PS Jafrabad, Delhi.
6.
The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No. 2 also states that he has entered into the aforementioned settlement agreement 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.
Learned counsel for the petitioner 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 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.2,500/- by the petitioner with the Delhi State Legal Services Authority (A/c No. 18580110053263, UCO Bank, Branch : Rouse The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Avenue, IFSC : 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. 11.
A copy of this order be communicated to the Member Secretary, DSLSA for intimation.
12.
In case proof of cost is filed with the I.O., the I.O. shall be at liberty to move appropriate application in this regard.
11.
With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J NOVEMBER 14, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.