Disposed

Sunil Kumar & Ors. v. the State NCT of Delhi and Ors.

Delhi HC4 Sept 2024W.P.(CRL)/2704/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of a BNS FIR for assault after settling with the complainants via compromise deed. All parties appeared and confirmed voluntary settlement. The court quashed the FIR and consequent proceedings, subject to each petitioner depositing Rs.5,000 with DSLSA within two weeks.

What did the court decide?

FIR No. 0307/2024 and consequent proceedings quashed, subject to Rs.5,000 cost deposit per petitioner with DSLSA within two weeks.

Sunil Kumar & Ors. Vs the State NCT of Delhi and Ors. — Quashing and FIR | Delhi HC (2024)

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$~78

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 2704/2024 & CRL.M.A. 26585/2024 SUNIL KUMAR & ORS. .....Petitioners Through: Mr. Raj Kumar, Advocate.

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versus

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THE STATE NCT OF DELHI AND ORS .....Respondents Through: Mr. Sanjay Lao, ASC (Crl.) for State with Mr. Abhinav Kumar Arya and Mr. Priyam Agrawal, Advs. SI K.P. Singh, PS New Ashok Nagar. Mr. Nishant Sharma, Advocate for R-2 & 3.

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CORAM:

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

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% 04.09.2024

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By way of present petition, the petitioners seek quashing of FIR No. 0307/2024 registered under Sections 110/115(2)/126(2)/3(5) BNS, 2023 at Police Station Bindapur, 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 respondent No.2 and his brother respondent No.3 were given beatings by the accused by kicks, sticks and stones.

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Learned Standing Counsel for the State, on instructions, submits that the petitioners are the only accused persons and respondent No. 2 and 3 are the complainant and victim in the present case. It is further submitted that the chargesheet has yet not been filed. Learned APP further states that considering the serious nature of averments/allegations and that the incident

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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 09/09/2024 at 12:20:15

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has taken place at a public place, the petitioner may be saddled with heavy costs.

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Learned counsel for the petitioners submits that the petitioners and respondent No. 2 & 3 are known to each other and present FIR was registered due to some misunderstanding and with the intervention of respectable persons of society and well-wishers of both the parties, parties have amicably settled their disputes vide Compromise Deed dated 03.08.2024, a copy of which has been placed on record. In terms of the said settlement, complainant and victim are now left with no claim or grievance against the petitioners.

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The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./ SI K.P. Singh, PS New Ashok Nagar who is present in the Court. Respondent No. 2 & 3 are also present in Court and have been identified by the I.O.

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The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 & 3 also state that they have entered into the aforementioned settlement/compromise out of their own free will, volition and without any coercion. They further state that they have 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 cost of Rs.5,000/- to be deposited by each of the

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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 09/09/2024 at 12:20:15

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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 such assistance.

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Proof evidencing receipt of deposit shall be filed with the I.O. as well as in Court.

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

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

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MANOJ KUMAR OHRI, J

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SEPTEMBER 4, 2024 akc

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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 09/09/2024 at 12:20:15

Sunil Kumar & Ors. v. the State NCT of Delhi and Ors.

Case brief

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What did the court decide?

Sunil Kumar & Ors. v. the State NCT of Delhi and Ors.

Case brief

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