High Court ordered quashing of FIR in sexual harassment case. Court allowed settlement if petitioners paid costs to victims within two weeks, directing discharge of proceedings upon proof of payment.
FIR and consequent proceedings quashed subject to payment of Rs. 30,000/- by each petitioner to three victims equally within two weeks.
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THE STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Rahul Tyagi, ASC (Crl.) for the State with SI Anup Rana PS Paschim Vihar, Delhi. Mr. Surender Parashar, Advocate for respondent no.2 with respondent no.2 through VC. Victims ‘D’ and ‘A’ through VC.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 15.10.2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/10/2024 at 11:38:14
He further submits that in the present case charge sheet is yet to be filed. He further states that considering the serious nature of allegations/averments made and the fact that the State machinery has been put in motion, the petitioners may be saddled with heavy costs.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/10/2024 at 11:38:14
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.30,000/- by each of the petitioners to paid to the three victims equally by way of demand draft through IO within a period of two weeks from today.
MANOJ KUMAR OHRI, J
OCTOBER 15, 2024/ rd
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/10/2024 at 11:38:14
2 issues framed by the court
Whether the FIR under Sections 354D/506/509/34 IPC can be quashed upon amicable settlement and payment of costs.
Whether the parties' free will in entering the settlement deed justifies quashing the proceedings.
1 provisions across 1 enactments
SUNIL KUMAR AND ANR
THE STATE NCT OF DELHI
RESPONDENT NO.2
VICTIMS 'D' AND 'A'
MANOJ KUMAR OHRI
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
