Disposed

Indervesh @Monu v. the State (Nct of Delhi) & Anr.

Delhi HC9 Jan 2024CRL.M.C./188/2024

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC sought quashing of an FIR concerning a scuffle, abuse and threats between neighbours, after the parties executed a settlement Memorandum of Understanding. The complainant affirmed her free consent and no objection to quashing; the court quashed the FIR subject to payment of costs.

What did the court decide?

FIR No.130/2022 and consequent proceedings quashed, subject to costs of Rs.10,000/- to complainant and Rs.10,000/- to DLSA within two weeks.

Indervesh @Monu Vs the State (Nct of Delhi) & Anr. — Quashing and FIR | Delhi HC (2024)

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$~81

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 188/2024

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INDERVESH @MONU ..... Petitioner

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Through: Mr. Sameer C. and Mr. Sunil Parashar, Advocates with petitioner in person

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versus

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THE STATE (NCT OF DELHI) & ANR. ..... Respondents Through: Mr. Naval Kishore Jha, APP for State with W/ASI Pushpa Rani, PS. J.P. Kalan with complainant in person

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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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% 09.01.2024

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CRL.M.A. 747/2024 (exemption)

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Allowed, subject to all just exceptions.

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The application stands disposed of.

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CRL.M.C. 188/2024

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The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.130/2022 registered under Sections 354/354B/451/506/509 IPC at P.S. Jaffarpur Kalan, Delhi on the ground that the parties have amicably settled their disputes.

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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 28.05.2022 at around 9 PM,

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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 07/05/2024 at 14:26:10

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when a scuffle took place between the petitioner and respondent No.2, whereafter the petitioner abused and threatened respondent No.2.

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Learned APP for the State, submits that in the present case the petitioner is the only accused person and respondent No.2 is the only complainant/victim. It is further stated that a charge-sheet has also been filed under the same sections as that in the FIR.

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Learned counsels for the parties submit that the parties are neighbours and to maintain peace and tranquility, they have entered into a settlement vide Memorandum of Understanding dated 27.12.2023 and in terms of the said settlement, respondent No.2 is now left with no claim whatsoever against the petitioner.

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

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The petitioner has shown remorse for his conduct and he undertakes not to repeat the same in future. Respondent No. 2 states that she has entered into the aforesaid Memorandum of Understanding 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.

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Learned counsel for the petitioner submits that no other proceedings are pending between the parties.

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The parties shall remain bound by the statements made in Court 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.10,000/- to be paid by the

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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 07/05/2024 at 14:26:10

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petitioner to respondent No.2/complainant by way of a Demand Draft through Investigating Officer and Rs.10,000/- by the petitioner to be deposited with the Delhi State Legal Services Authority (DLSA) within a 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.

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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.

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

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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 9, 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 07/05/2024 at 14:26:10

Indervesh @Monu v. the State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Indervesh @Monu v. the State (Nct of Delhi) & Anr.

Case brief

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