CRL.M.C./2543/2024 of VIKRAM BENIWAL @ TOSHU Vs STATE GOVT OF NCT OF DELHI & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 2543/2024 VIKRAM BENIWAL @ TOSHU .....Petitioner Through: Mr. Sunil Dalal and Mr. Nikhil Beniwal, Advocates with petitioner in person.

versus

STATE GOVT OF NCT OF DELHI & ANR .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Ashok Singh Chauhan PS Rani Bagh, Delhi. Mr. Naresh Kumar Beniwal, Advocate for respondent nos.2 to 5 with respondent nos. 2 to 5 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R R22.10.2024

1. The present proceedings are instituted on behalf of the petitionerseeking quashing of FIR No. 512/2022 registered under Sections 323/341/506/34 IPC at Police Station Rani Bagh, Delhi on the ground that the parties have amicably settled their disputes.

2. As per the allegations levelled in the FIR, the accused persons gave beatings to the respondent No.2, causing him injuries.

3. Mr. Nawal Kishore Jha, learned APP for the State, on instructions,

submits that the other co-accused persons who are chargesheeted have been impleaded as respondent Nos. 3 to 5 namely Shubham Beniwal, Sachin Dabas and Anand in the present case. Learned APP further submits that therespondent No.2 is the complainant/victim in the present case. It is further

submitted that the charge-sheet has been filed. Healso submits that since the State machinery has been put in motion and the allegations are of serious nature, the accused persons be saddled with some costs.

4. Learned counsel for the petitioner submits that the present FIR was registered due to misunderstanding and with the intervention of family members and friends, the parties have amicably settled their disputes vide Memorandum of Settlement dated 27.03.2024, copy whereof has been placed on record. In terms of the said settlement, the respondent No.2/complainant is now left with no claim or grievance against the accused persons.

5. The petitioner and respondent Nos. 2 to 5, who are present in Court, have been identified by their respective counsels as well as the I.O./SI Ashok Singh Chauhan P.S. Rani Bagh, Delhi.

6. The accused persons 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 compromise 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 against the accused persons.

7. The parties shall remain bound by the statements made in Court today.

8. 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.5,000/- each to be deposited by the accused persons with the Delhi State Legal Services Authority(Account

No.18580110053263, UCO Bank, Branch Rouse Avenue, IFSC: [REDACTED]) 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.

9. Proof evidencing receipt of deposit shall be filed with the I.O. 10. copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. 10. copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation.

11. With the above directions, the petition is disposed of.

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

OCTOBER 22, 2024/rd

MANOJ KUMAR OHRI, J