Disposed

Aakash Sehgal @ Monu and Ors. v. State NCT of Delhi and Anr.

Delhi HC9 Sept 2024W.P.(CRL)/2763/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of FIR No. 470/2021 under Sections 308/34 IPC after amicable settlement between petitioners and complainant. Court verified settlement was voluntary, imposed Rs.5,000 cost per petitioner payable to DSLSA for counselling of POCSO victims, and quashed FIR and consequent proceedings.

What did the court decide?

FIR No. 470/2021 and consequent proceedings quashed, subject to payment of Rs. 5,000 cost by each petitioner to DSLSA within four weeks; proof of deposit to be filed with I.O.

Aakash Sehgal @ Monu and Ors. Vs State NCT of Delhi and Anr. — Quashing and FIR | Delhi HC (2024)

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$~86

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 2763/2024, CRL.M.A. 27050/2024

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AAKASH SEHGAL @ MONU AND ORS .....Petitioners

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Through: Mr. Amit Saini, Advocate with petitioners in person.

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versus

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STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Sanjay Lao, Standing Counsel for State with Mr. Abhinv Kumar Arya, Advocate alongwith SI Raghubir Prasad, P.S. Khyala.

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Mr. Ajay Kumar, Advocate for respondent No.2 with respondent No. 2 in person.

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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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% 09.09.2024

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The present proceedings are instituted on behalf of the petitioners seeking quashing of FIR No. 470/2021 registered under Sections 308/34 IPC at P.S. Khyala, 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 petitioners gave respondent No.2 beatings using fist, blows and iron weight, causing injuries. 3. Learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the complainant/victim in the present case. He, on further instructions, submits that charge-sheet stands filed in the present FIR and the charges have been framed. He also submits that though the parties have compromised, some cost may be

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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 12/09/2024 at 12:26:13

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imposed upon the petitioner since the State machinery has already been put in motion and the allegations are of grave nature.

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Learned counsel for the petitioners submits that the present FIR was registered due to a misunderstanding between the parties and that, with the intervention of family members and friends, the petitioners and respondent No. 2 have amicably settled their disputes vide Compromise Deed dated 24.05.2024, a copy of which has been placed on record. In terms of the settlement, the respondent No.2 has no remaining claims or grievances against the petitioners.

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Petitioner Nos. 1, 3 and 4 (in person) and Petitioner No.2 (through VC) are present in Court and have been identified by their counsel as well as the I.O. Respondent No.2, who is also present in Court, has been identified by the I.O./SI Raghubir Prasad, P.S. Khyala.

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The petitioners have shown remorse for their conduct and undertake not to repeat the same in future.

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Respondent No. 2 states that he has entered into the settlement with the petitioners 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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Learned counsel for the petitioners submits that there are no other proceedings 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 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,

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subject to the payment of cost of Rs.5,000/- to be deposited by each of the petitioners with the Delhi State Legal Services Authority (A/c No. 18580110053263, UCO Bank, Branch: Rouse Avenue, IFSC: UCBA0003364) within a period of four weeks from today. The amount so deposited shall be utilized by the DSLSA 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., failing which, the I.O. shall be at liberty to move appropriate application. 12. 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 pending application.

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MANOJ KUMAR OHRI, J

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SEPTEMBER 9, 2024

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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 12/09/2024 at 12:26:13

Aakash Sehgal @ Monu and Ors. v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Aakash Sehgal @ Monu and Ors. v. State NCT of Delhi and Anr.

Case brief

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