CRL.M.C./7958/2023 of ASHWANI KUMAR & ANR. Vs STATE AND ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 7958/2023 ASHWANI KUMAR & ANR. ..... Petitioners Through: Mr. Sachin Kaushik, Advocate with petitioners in person

versus

STATE AND ANR. ..... Respondents

Through: Mr. Laksh Khanna, APP for State with SI Karambir Singh, P.S. Aman Vihar (Mob. No.[REDACTED])

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRIO R R% 08.01.2024

1. The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.629/2017 registered under Sections 354/354A/354B/509/506/34 IPC and Section 3(r)(s) SC/ST Act at P.S. Begumpur, Delhi on the ground that the parties have amicably settled their disputes.

2. As per the allegations levelled in the FIR, the present case was registered on the complaint of respondent No. 2/complainant. The present FIR relates to an incident which occurred on 18.10.2017 at around 8:30 AM when scuffle took place between the petitioners and respondent No.2, wherein certain abusive words were also used against respondent No.2.

3. Learned APP for the State, submits that in the present case the petitioners are the only accused person and respondent No.2 is the only complainant/victim.

4. Learned counsels for the parties submit that since the parties are living in the same building/property and to maintain peace and tranquillity, they have entered into settlement vide Settlement/Agreement dated 17.07.2023. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the present petitioners.

5. The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.

6. To seek quashing of the offence under the SC/ST Act, the petitioners have relied upon the decision of this Court dated 13.10.2023 in CRL.M.C. 7524/2023 titled ‘Yogesh Gupta @ Monu & Anr. v. State (NCT of Delhi) & Anr.’ wherein the judgement of the Supreme Court in Ramawatar v. State of Madhya Pradesh reported as (2022) 13 SCC 635 has been referred, to argue that such offences can also be quashed based upon settlement. The petitioners have further shown remorse for their conducts and undertake not to repeat the same in future. Respondent No. 2 states that she has entered into the aforesaid 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.

7. Learned counsels for the parties submit that there are three connected FIRs being FIR No.307/2019 registered under Sections 323/506/509/34 IPC at P.S. Aman Vihar, Delhi; FIR No.306/2019 registered under Sections 323/354/506/509/34 IPC at P.S. Aman Vihar, Delhi and FIR No.628/2017 registered under Sections 354/354B/323/506/509 IPC at P.S. Begumpur, Delhi, which also the parties have agreed to quash.

8. 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 in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of costs of Rs.10,000/- by each petitioner to be deposited with the Delhi State Legal Services Authority (DLSA) within period of two weeks from today. The amount so deposited shall be utilized by the DLSA for providing counselling/psychological support to POCSO victims requiring such assistance.

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

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

12. Let copy of this order be communicated to the Member Secretary, DLSA for information. DLSA for information.

13. The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioners is not filed within the stipulated time period.

JANUARY 8, 2024

MANOJ KUMAR OHRI, J