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High Court of DelhiCRL.M.C./9305/2024

Mr Anil Kumar v. State Govt Of NCT Of Delhi & ANR.

2024-12-11Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9305/2024 MR ANIL KUMAR .....Petitioner Through:

Mr. Vikram Dagar, Advocate with petitioner in person.

versus STATE GOVT OF NCT OF DELHI & ANR .....Respondents Through:

Mr. Shoaib Haider, APP for State with SI Karamveer PS Mundka, Delhi.

Mr. Kartikey Anand, Advocate for respondent no.2 with respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 11.12.2024

O R D E R

1.

The present proceedings are instituted on behalf of the petitioner seeking quashing of FIR No. 569/2020 registered under Sections 323/341/506/509/354/354A IPC at Police Station Mundka, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioner made untoward advances towards respondent No.2 and gave her a beating. 3.

Mr. Shoaib Haider, learned APP for the State, on instructions, submits that the petitioner is the only accused person and respondent No. 2 is the complainant/victim in the present case. He further states that keeping in view the serious nature of allegations levelled and the further fact that State machinery has been put in motion, the petitioner be saddled with some costs. 4.

Learned counsel for the petitioner submits that the present FIR was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registered due to a 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 09.08.2024, 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 petitioner. It is further submitted that a cheque has been handed over to the respondent No.2 by the petitioner for a sum of Rs.50,000/- bearing number 000492 drawn on ICICI Bank, Mundka, Delhi. Furthermore, learned counsel submits that a cross FIR bearing FIR No. 571/2020 has also been registered under Sections 323/341/354/506/509 IPC at P.S. Mundka, Delhi. The same is also being quashed today in CRL.M.C. 9324/2024.

5.

The petitioner and respondent No.2 are present in the Court and are identified by their respective counsels as well as by the Investigating Officer/ SI Karamveer PS Mundka, Delhi.

6.

The petitioner has shown remorse for his conduct and he undertakes not to repeat the same in future. Respondent No. 2 also states that she has entered into the aforementioned settlement agreement 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, subject to encashment of the aforesaid cheque handed over to her today. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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/- by the petitioner, to be deposited with 'Avlamban Fund Scheme, 2024' (State Bank of India, Tis Hazari Branch, Delhi, Account No. 43599660056; IFSC SBIN0000726 & MICR Code 110002126) within a period of four weeks from today. 10.

Proof evidencing receipt of deposit shall be filed with the I.O. 11.

In case the cost is not deposited within four weeks, the I.O. shall be at liberty to move an appropriate application in this regard. 12.

The petition is disposed of in above terms.

MANOJ KUMAR OHRI, J DECEMBER 11, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.