Quashed

Hans Raj & Ors. v. State & Anr.

Delhi HC4 Jul 2024CRL.M.C./5029/2024

Case brief

AI extract

What is this about?

The Court quashed a criminal case involving sections 326, 354, 448, 506 IPC and section 34 IPC after the parties settled and the victim waived further claims, directing payment of costs to the State Legal Services Authority for counseling support.

What did the court decide?

Quashing of C.C. No. 58057/2016 and consequent proceedings; order to deposit Rs. 5,000 per petitioner with DSSLA for counseling support.

Hans Raj & Ors. Vs State & Anr. — Quashing and FIR | Delhi HC (2024)

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$~17

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5029/2024

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HANS RAJ & ORS. .....Petitioners

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Through: Mr.Harsh Kumar, Ms.Sikha, Mr.Aditya, Advocates with petitioners in person

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versus

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STATE & ANR. .....Respondents Through: Mr.Sanjeev Sabharwal, APP for State with SI Pardeep Kumar Mr.Kunwar A.P. Singh, 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

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O R D E R

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% 04.07.2024

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CRL.M.A. 19221/2024 (exemption)

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Allowed, subject to all just exceptions.

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The application is disposed of.

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CRL.M.C. 5029/2024

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The present petition has been filed seeking quashing of C.C. No.58057/2016 registered under Sections 326/354/448/506/34 IPC at P.S. Ghazipur, Delhi on the ground that the parties have amicably settled their disputes.

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As per the allegations levelled in the FIR, on 08.09.2015, the petitioners misbehaved with the complainant and even gave beatings to her as a result of which injuries were sustained.

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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 22/07/2024 at 15:43:23

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Learned APP for the State submits that in the present case the petitioners are the only accused persons and respondent No.2 is the complainant/victim. He further submits that the matter is pending at the stage of complainant’s evidence.

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Learned counsels for the parties submit that the parties have entered into a settlement before Delhi Mediation Centre, Karkardooma Courts, Delhi on 09.06.2022 and in terms of the settlement, respondent No.2 is now left with no claim or grievance whatsoever against the petitioners.

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

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The petitioners have shown remorse for their conduct and they undertake not to repeat the same in future. Respondent No.2 states that she has entered into the aforesaid settlement 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 counsels for the parties submit 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 complaint case and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cost of Rs.5,000/- by each petitioner to be deposited with the Delhi State Legal Services Authority (A/c No.: 18580110053263, Bank: UCO BANK, Branch: Rouse Avenue, IFSC:

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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 22/07/2024 at 15:43:23

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UCBA0003364) within a period of four 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. In case the receipt of cost is not filed within the stipulated time, the I.O. shall be at liberty to move an appropriate application.

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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, Delhi State Legal Services Authority for information.

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MANOJ KUMAR OHRI, J

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JULY 4, 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 22/07/2024 at 15:43:23

Hans Raj & Ors. v. State & Anr.

Case brief

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Hans Raj & Ors. v. State & Anr.

Case brief

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