Quashed

Vinod Kumar v. State of (Govt. of Nct) & Anr.

Delhi HC27 May 2024CRL.M.C./1991/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. for quashing an FIR, the Delhi High Court granted the petition, noting the parties' settlement and the petitioner's remorse, directing disposal with a fine for legal aid.

What did the court decide?

FIR No. 518/2008 and consequent proceedings are quashed subject to the petitioner depositing Rs. 25,000 with the Delhi State Legal Services Authority within two weeks.

Vinod Kumar Vs State of (Govt. of Nct) & Anr. — Quashing and FIR | Delhi HC (2024)

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$~11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1991/2024

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VINOD KUMAR ..... Petitioner Through: Mr. Gurpreet Singh, Advocate alongwith petitioner in person.

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versus

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STATE OF (GOVT. OF NCT) & ANR. ..... Respondentss Through: Mr. Aashneet Singh, APP for State alongwith SI Ravi Kumar P.S. Ashok Vihar. R-2/complainant in person.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 27.05.2024

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The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 518/2008 registered under Sections 507/387/201/174-A IPC at Police Station Ashok Vihar, 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 petitioner made a threatening phone call to respondent no. 2 to extort money. 3. Learned APP for the State, on instructions, submits that the petitioner is the only accused person and respondent No.2 is the complainant/victim in the present case. He further submits that the chargesheet has been filed.

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Learned counsel for the petitioner submits that the petitioner and respondent No. 2 are known to each other and present FIR was registered due to misunderstanding and with the intervention of family members and

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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 01/06/2024 at 12:30:42

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friends, parties have amicably settled their disputes vide Memorandum of Understanding dated 05.03.2024, a copy of which has been placed on record.

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So far as Section 174-A is concerned, it is noted that at the relevant time, the petitioner was not residing at the given address with his father. It is stated that the petitioner, after his marriage, had started residing with his wife at a different address.

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The petitioner, who is present in Court, has been identified by his counsel as well as the I.O./W/SI Ravi Kumar, P.S Ashok Vihar, Delhi Court. Respondent No. 2 is also present in Court and has been identified by the I.O. 7. The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No. 2 also states that he has entered into the aforementioned MOU 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.

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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 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 cumulative cost of Rs.25,000/- to be deposited by the petitioners with the Delhi State Legal Services Authority(Account No.18580110053263, UCO Bank, Branch Rouse Avenue, IFSC: UCBA0003364) within a 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

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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 01/06/2024 at 12:30:42

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such assistance.

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Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court failing which, IO shall be at liberty to move an appropriate application in this regard.

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With the above directions, the petition is disposed of.

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A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation.

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MANOJ KUMAR OHRI, J

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MAY 27, 2024/ ssc

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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 01/06/2024 at 12:30:42

Vinod Kumar v. State of (Govt. of Nct) & Anr.

Case brief

What is this about?

What did the court decide?

Vinod Kumar v. State of (Govt. of Nct) & Anr.

Case brief

What is this about?

What did the court decide?

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