CRL.M.C./1924/2024 of RAHUL & ANR. Vs THE STATE & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 1924/2024 & CRL.M.A. 7357/2024 RAHUL & ANR. ..... Petitioners RAHUL & ANR. ..... Petitioners

..... Petitioners

Through: Mr. Anil Kumar Srivastava, Advocate with petitioners in person. with petitioners in person.

versus

THE STATE & ORS. ..... Respondents Through: Mr. Satinder Singh Bawa, APP for State with SI Deepak Kumar PS Anand Vihar, ASI Yashpal and ASI Azad Khan Through: Mr. Satinder Singh Bawa, APP for State with SI Deepak Kumar PS Anand Vihar, ASI Yashpal and ASI Azad Khan

Respondent Nos. 2 to 4 are in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRIO R R07.03.2024

1. The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 0401/2018 registered under Sections 323/341/506-II/34 IPC at Police Station Anand Vihar, Delhi on the ground that the parties have amicably settled their disputes.

2. As per the allegations levelled in the FIR, the petitioners gave beatings to the complainant as result of which injuries were sustained.

3. Mr. Satinder Singh Bawa, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent Nos.2 to 4 are the complainants/victims in the present case. It is further submitted that the charges have been framed against the petitioners.

4. Learned counsel for the petitioners submits that the present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes before

Delhi Mediation Centre, Karkardooma Court on 05.08.2022, copy of which has been placed on record. In terms of the said settlement, complainants/victims are 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./ SI Deepak Kumar PS Anand Vihar, who is present in the Court. Respondent Nos. 2 to 4 are also present in Court and have been identified by the I.O.

6. The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent Nos. 2 to 4 also state that they have entered into the aforementioned settlement 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.

7. It is also submitted that cross FIR 400/2018 registered under sections 324/323/34 IPC has also been quashed by this Court vide today’s order in CRL.M.C. 1930/2024.

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 FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cost of Rs.10,000/- by each of the petitioners to be deposited with the Delhi State Legal Services Authority within 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.

10. Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court.

11. 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.

13. In case proof of deposit of cost is not filed within two weeks, the matter be placed before the Court.

MARCH 7, 2024/rd

MANOJ KUMAR OHRI, J