In cases where the parties have amicably settled their disputes and the complainant has no further claims, the court may exercise its discretion under Section 482 CrPC to quash the FIR and subsequent proceedings.

ORDER

% 14.03.2024 CRL.M.A. 8136/2024 (exemption)

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

CRL.M.C. 2103/2024

1. The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.144/2021 registered under Sections 408/468/471/120B IPC at P.S. EOW and all proceedings emanating thereof, on the ground that the parties have amicably settled their disputes.

2. As per the allegations levelled in the FIR, the petitioners alongwith certain other individual/co-accused persons forged certain valuable security and committed breach of trust against respondent No.2.

3. Learned counsel for the petitioners submits that the petitioners are the employees of respondent No.2 and after reaching a settlement, they continue to be employed with respondent No.2. Vaibhav Lalit/AR of respondent No.2 has filed an affidavit in support of the petition alongwith the Board Resolution authorizing him to represent respondent No.2.

4. Learned APP for the State submits that in the present case the petitioners are the only accused persons and respondent No.2 is the only complainant/victim.

5. Learned counsels for the parties submit that the parties have entered into a settlement vide Memorandum of Understanding dated 11.01.2023 and in terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners.

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

7. The petitioners have shown remorse for their conduct and they undertake not to repeat the same in future. AR of Respondent No.2 states that the aforesaid Memorandum of Understanding has been entered into out of free will, volition and without any coercion. He further states that there is no objection if the present FIR and consequent proceedings are quashed.

8. Learned counsels for the parties submit that no other proceedings are pending between the parties.

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

10. 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 FIR and the consequent proceedings arising therefrom are hereby quashed qua the present petitioners, subject to payment of cost of Rs.25,000/- by each of the petitioners to be deposited with the Delhi State Legal Services Authority 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.

11. Proof evidencing receipt of deposit shall be filed with the Investigating Officer as well as in Court.

12. It is clarified that the trial against the remaining accused shall continue.

13. With the above directions, the petition is disposed of.

14. Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information.

15. The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioners is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J MARCH 14, 2024 na