Mr. Jan Mohammad And ORS. v. State (Govt. Of NCT Of Delhi) And ANR.
$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9052/2024 & CRL. MA 34682/2024 MR. JAN MOHAMMAD AND ORS.
.....Petitioners Through:
Mr. Faisal Naseem and Ms. Mahetaba Asrar, Advocates with petitioners in person.
versus STATE (GOVT. OF NCT OF DELHI) AND ANR .....Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Shajid Hussain PS Malviya Nagar, New Delhi.
Mr. Gaurav Ambawata, Advocate for respondent no.2 with respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 20.11.2024 1.
The present proceedings are instituted on behalf of the petitioners seeking quashing of FIR No. 230/2019 registered under Sections 354/354B/506/509/34 IPC at Police Station Malviya Nagar, New Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR, the petitioners had misbehaved and threatened respondent No.2 not oppose them from carrying out some construction.
3.
Mr. Nawal Kishore Jha, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No. 2 is the complainant/victim in the present case. He further submits that in the present case, charge-sheet has already been filed. He further states that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
considering the serious nature of averments/allegations and that the state machinery has been put in motion, the petitioner may be saddled with heavy costs.
4.
Learned counsel for the parties submits that the present FIR was registered due to misunderstanding and with the intervention of the elders, close relatives and well-wishers, the parties have amicably settled their disputes vide Memorandum of Understanding dated 24.07.2024, a copy whereof has been placed on record. In terms of the said settlement, respondent No. 2/complainant is now left with no claim or grievance against the petitioners.
5.
The petitioners and respondent No.2 are present in the Court in person and are identified by their counsel as well as the Investigating Officer/ SI Shajid Hussain PS Malviya Nagar, New 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 MoU 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 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 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.5,000/- by each of the petitioners, with the Delhi State The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Legal Services Authority (A/c No. 18580110053263, UCO Bank, Branch : Rouse Avenue, IFSC : UCBA0003364) within a period of two 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.
The petition is disposed of in above terms along with pending application.
13.
In case proof of cost is not filed with the IO, the IO shall be at liberty to move an appropriate application in this regard. MANOJ KUMAR OHRI, J NOVEMBER 20, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.