Sahzaad & ORS. v. State Govt. NCT Of Delhi & ANR.
$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10016/2024 SAHZAAD & ORS.
.....Petitioners Through:
Mr. Jatin Nanda and Mr. Naresh Kumar, Advocates.
versus STATE GOVT. NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Shoaib Haider, APP for State along with SI Kamal Chaudhary and SI Kuldeep P.S. Prem Nagar.
Complainant in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 19.12.2024 1.
The present proceedings are instituted on behalf of the petitioners seeking quashing of FIR No. 626/2024 registered under Sections 115(2)/126(2)/3(5) of BNS, 2023 at Police Station Prem Nagar, Delhi on the ground that the parties have amicably settled their disputes. 2.
As per the allegations levelled in the FIR, the petitioners and the complainant had an altercation.
3.
Learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the only complainant/victim in the present case.
4.
Learned counsel for the petitioners submits that the petitioners and respondent No. 2 are known to each other and present FIR was registered The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
due to some misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Memorandum of Understanding dated 11.12.2024, a copy of which has been placed on record. In terms of the said settlement, the 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. Respondent No. 2 is present in Court, has also been identified by the I.O.
7.
The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 also states that he has entered into the aforementioned MOU 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.
8.
The parties shall remain bound by the statements and undertaking 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 FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cumulative cost of Rs.50,000/- to be deposited by the petitioners with the Delhi State Legal Services Authority(Account 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 Delhi State Legal Services Authority for providing counselling/psychological support to POCSO victims requiring such assistance.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10.
Proof evidencing receipt of deposit shall be filed with the I.O. as well as in 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 alongwith miscellaneous application.
14.
In case the proof of cost is not filed within two weeks, the IO shall be at liberty to move an appropriate application in this regard. MANOJ KUMAR OHRI, J DECEMBER 19, 2024/ssc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.