Delhi High Court - Orders
Abhishek Walia vs State Gnct Of Delhi And Anr on 20 September, 2024
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2886/2024
ABHISHEK WALIA
.....Petitioner
Through: Mr. V.K. Dhamija, Mr. Kanwal
Sapra, Mr. Tapesh Vishnoi and Mr.
Ansh Makkar, Advocates.
versus
STATE GNCT OF DELHI AND ANR
.....Respondents
Through: Mr. Satinder Singh Bawa, Ld. APP
for the State with SI Mukesh Yadav
P.S. Hari Nagar.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 20.09.2024
1. A Petition under Section 482 Cr.P.C has been filed on behalf of the petitioner seeking quashing of FIR No.0510/2021 under Section 354(A)/506/509 IPC & Section 8 POCSO Act registered at Police Station Hari Nagar, Delhi.
2. Briefly stated, the respondent No.2 lodged a complaint with SHO P.S Hari Nagar on 13.09.2021, upon which an FIR No.0510 dated 13.09.2021 under Section 354(A)/506/509 IPC and Section 8 POCSO Act was registered against the petitioner.
3. It is submitted that both the petitioners and respondent No. 2 have settled their differences in the presence of their well wishers vide 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 24/09/2024 at 01:15:05 Memorandum of Settlement dated 27.03.2024, wherein it is recorded that respondent No.2 has no grievance against the petitioner and is not interested to pursue the case registered vide FIR No.510/2021 P.S Hari Nagar. It is submitted that the parties have arrived at the Settlement without any pressure, force or coercion from any corner and undertake to abide by the Memorandum of Settlement dated 27.03.2024. It is submitted that the parties were living in the neighbourhood and the dispute arose because of some garbage thrown outside the house of the petitioner. The parties have now left with no grudge or grievance against each other in any manner whatsoever. Therefore, the Petition be quashed.
4. The complainant is present in the Court and submits that the matter stands settled with the petitioner and she has no objection if the FIR is quashed against the petitioner on account of the settlement already arrived at between the parties.
5. The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned.
6. It is evident from the complainant's statement under Section 164 Cr.P.C and the testimony recorded in the Court that in fact the Prosecutrix had been physically assaulted for having not cleaning of the garbage thrown in front of their house. It was a scuffle and a fight which took the shape of registration of FIR.
7. In view of the submissions made, the Petition is allowed. Accordingly, the FIR No.0510/2021 registered at Police Station Hari Nagar, for offences punishable under Sections 354(A)/506/509 IPC & Section 8 POCSO Act with all the subsequent proceedings and the charge sheet is hereby quashed qua the petitioner.
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 24/09/2024 at 01:15:05
8. The Petition stands disposed of.
NEENA BANSAL KRISHNA, J SEPTEMBER 20, 2024/va 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 24/09/2024 at 01:15:06