Ali Ansari & ORS. v. The State Govt. Of NCT Of Delhi & ORS.
$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9253/2024 ALI ANSARI & ORS.
.....Petitioners Through:
Mr. Bharat Rawat and Mr. Ankit Bidhuri, Advocates.
versus THE STATE GOVT. OF NCT OF DELHI & ORS.
.....Respondents Through:
Mr. Laksh Khanna, APP for State along with SI Parvesh P.S. Sangam Vihar.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 29.11.2024 CRL. M.A. 35484/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
2.
The application is disposed of.
CRL.M.C. 9253/2024 1.
The present proceedings are instituted under Section 482 Cr.P.C./528 BNSS, 2023 on behalf of the petitioners seeking quashing of FIR No. 437/2021 registered under Sections 323/307/34 IPC at P.S. Sangam Vihar, Delhi on the ground that the parties have amicably settled their disputes. 2.
Learned counsel for the petitioners states that as per prosecution case, the stabbed injury was attributed to CCL-A. Insofar as the present petitioners are concerned, it has been alleged that they caused injuries with sticks and fists blows.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Mr. Khanna, 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 confirms the aforesaid contention of learned counsel for the petitioners. 4.
Learned counsel for the petitioners further submits that the petitioners and respondent No. 2 are known to each other being neighbours and present FIR was registered due to some misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide MOU/Settlement Deed dated 24.12.2019, 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.
It is informed that a cross FIR No. 157/2016 registered under Sections 323/324/341/34 IPC at P.S. Burari has also been quashed by a Coordinate Bench of this Court vide today's order passed in CRL.M.C. 2584/2022 6.
The petitioners and respondent No.2 & 3, 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.
7.
Respondent No. 2 & 3 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.
8.
The parties shall remain bound by the statements 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cumulative cost of Rs.10,000/- each to be deposited 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 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. as well as in Court failing which, the Registry shall list the matter in the Court. 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 NOVEMBER 29, 2024/ssc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.