Quashed

Avneesh Gupta v. State (Nct of Delhi) and Anr.

Delhi HC22 Jan 2024CRL.M.C./1843/2023

Case brief

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What is this about?

The High Court quashed an FIR registered under Section 420 IPC after finding that the parties had reached an amicable settlement in mediation. The court imposed a condition for the payment of costs to the Delhi State Legal Services Authority for POCSO victim assistance.

What did the court decide?

FIR No.705/2022 quashed subject to payment of Rs.1,00,000/- costs to Delhi State Legal Services Authority.

Avneesh Gupta Vs State (Nct of Delhi) and Anr. — Quashing and FIR | Delhi HC (2024)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 1843/2023 and CRL.M.A. 23889/2023 AVNEESH GUPTA ..... Petitioner Through: Mr. Mritunjay Kumar Singh and Mr.Saikat Khatna, Advocates with petitioner in person versus STATE (NCT OF DELHI) AND ANR. ..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Narendra Singh, PS Kalka Ji Mr.Raj Vardhan Upadhyay, Advocate for respondent No.2 with complainant through V.C.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

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O R D E R

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% 22.01.2024

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The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.705/2022 registered under Section 420 IPC at P.S. Kalka Ji, New Delhi on the ground that the parties have amicably settled their disputes.

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The present FIR relates to a chit fund fraud. The parties were referred to the mediation centre where they have been able to reach an amicable settlement on 11.08.2023.

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The petitioner who is present in the Court has been identified by his counsel. The complainant, who has joined the proceedings through V.C. alongwith his counsel, has also been identified by his counsel and the Investigating Officer. He states that a full and final settlement has taken place and undertakes to abide by the terms of the settlement. The undertaking is accepted and taken on record.

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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 30/07/2024 at 12:45:20

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Learned counsel for the complainant, on instructions, further submits that the complainant will take necessary steps for withdrawal of the complaints filed by him/his family members against the petitioner within three months from today.

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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.1,00,000/- by the petitioner to be deposited with the Delhi State Legal Services Authority within a period of four 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.

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

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With the above directions, the petition is disposed of alongwith the pending application.

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Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. 9. The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioner is not filed within the stipulated time period.

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MANOJ KUMAR OHRI, J

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JANUARY 22, 2024 na

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This is a digitally signed order.

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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 30/07/2024 at 12:45:20

Avneesh Gupta v. State (Nct of Delhi) and Anr.

Case brief

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Avneesh Gupta v. State (Nct of Delhi) and Anr.

Case brief

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