Allowed

Vikram Beniwal @ Toshu v. State Govt of NCT of Delhi & Anr.

Delhi HC22 Oct 2024CRL.M.C./2543/2024

Case brief

AI extract

What is this about?

The Delhi HC quashed an FIR alleging IPC offences after the parties settled amicably. The Court directed the accused to deposit Rs.5,000 each with the Delhi State Legal Services Authority for POCSO victim support within two weeks; failure to do so may result in proceedings continuing.

What did the court decide?

Quashing of FIR No. 512/2022 and consequent proceedings, subject to payment of Rs.5,000 by each accused to Delhi State Legal Services Authority within two weeks.

Vikram Beniwal @ Toshu Vs State Govt of NCT of Delhi & Anr. — Quashing and FIR | Delhi HC (2024)

¶1

$~34

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 2543/2024

¶4

VIKRAM BENIWAL @ TOSHU .....Petitioner

¶5

Through: Mr. Sunil Dalal and Mr. Nikhil Beniwal, Advocates with petitioner in person.

¶6

versus

¶7

STATE GOVT OF NCT OF DELHI & ANR .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Ashok Singh Chauhan PS Rani Bagh, Delhi. Mr. Naresh Kumar Beniwal, Advocate for respondent nos.2 to 5 with respondent nos. 2 to 5 in person.

¶8

CORAM:

¶9

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

¶10

% 22.10.2024

¶11

The present proceedings are instituted on behalf of the petitioner seeking quashing of FIR No. 512/2022 registered under Sections 323/341/506/34 IPC at Police Station Rani Bagh, Delhi on the ground that the parties have amicably settled their disputes.

¶12

As per the allegations levelled in the FIR, the accused persons gave beatings to the respondent No.2, causing him injuries.

¶13

Mr. Nawal Kishore Jha, learned APP for the State, on instructions, submits that the other co-accused persons who are chargesheeted have been impleaded as respondent Nos. 3 to 5 namely Shubham Beniwal , Sachin Dabas and Anand in the present case. Learned APP further submits that the respondent No.2 is the complainant/victim in the present case. It is further

¶14

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 04/11/2024 at 11:04:00

¶15

submitted that the charge-sheet has been filed. He also submits that since the State machinery has been put in motion and the allegations are of a serious nature, the accused persons be saddled with some costs.

¶16

Learned counsel for the petitioner submits that the present FIR was registered due to a misunderstanding and with the intervention of family members and friends, the parties have amicably settled their disputes vide Memorandum of Settlement dated 27.03.2024, a copy whereof has been placed on record. In terms of the said settlement, the respondent No.2/complainant is now left with no claim or grievance against the accused persons.

¶17

The petitioner and respondent Nos. 2 to 5, who are present in Court, have been identified by their respective counsels as well as the I.O./SI Ashok Singh Chauhan P.S. Rani Bagh, Delhi.

¶18

The accused persons have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 also states that he has entered into the aforementioned compromise 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 against the accused persons.

¶19

The parties shall remain bound by the statements made in Court today.

¶20

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 cost of Rs.5,000/- each to be deposited by the accused persons with the Delhi State Legal Services Authority(Account

¶21

¶22

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 such assistance.

¶23

Proof evidencing receipt of deposit shall be filed with the I.O.

¶24

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

¶25

With the above directions, the petition is disposed of.

¶26

In case the proof of cost is not filed within two weeks, the I.O. shall be at liberty to move an appropriate application in this regard.

¶27

MANOJ KUMAR OHRI, J

¶28

OCTOBER 22, 2024/ rd

¶29

This is a digitally signed order.

¶30

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 04/11/2024 at 11:04:00

Vikram Beniwal @ Toshu v. State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Vikram Beniwal @ Toshu v. State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pritpal Singh & Anr. Vs the Stste Govt of NCT of Delhi & Ors.

Smt Pushpa Sharma and Anr. Vs the Govt of NCT Delhi and Ors.

MD Mahebul Vs the State and Anr.

Dr. M.V. Ramana Rao & Anr. Vs State & Anr.

Yashvinder Dawar & Ors. Vs the State & Anr.

Rajpal Singh Vs State of NCT of Delhi and Ors.