Baldev Raj Khurana & ORS v. Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 410/2019 BALDEV RAJ KHURANA & ORS ..... Petitioner Through:

Ms. Manjit Kaur, Proxy Counsel for Mr. Sanjay Kumar, Adv.

Petitioner Nos. 1, 2 and 3 in person.

Petitioner No. 4 (through VC) versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Utkarsh, APP for the State with SI Dharmveer, PS Chhawla.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 06.02.2024 1.

The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 63/2015 dated 05.02.2015, registered for offences under Section 323 of the Indian Penal Code, 1860 and Section 23 of the Juvenile Justice Act, 2000 ('JJ Act'), at Police Station Chhawala. 2.

The learned counsel for the petitioner submits that the parties have settled their disputes before the Mediation Centre, Dwarka Courts, New Delhi.

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 13/12/2024 at 14:29:08

3.

He submits that even though parties have settled all their disputes, since the offence under Section 23 of the JJ Act is not compoundable, no settlement in that regard was recorded before the Mediation Centre, Dwarka Courts, New Delhi. 4.

He submits that the present petition is supported by a duly sworn affidavit of the complainant, wherein the complainant has categorically deposed that she has settled all her disputes with the petitioners and she does not wish to pursue the proceedings arising out of the present FIR. The said affidavit also records that the complainant has no objection if the present FIR is quashed. 5.

The learned Additional Public Prosecutor for the State objects to the quashing of the FIR on the ground of settlement. He submits that the complainant has not entered into any settlement for the offence in relation to the JJ Act, and the same is reflected in the settlement.

6.

Issue notice, returnable on 15.03.2024.

7.

The Investigating Officer is requested to inform the complainant of the next date of hearing.

8.

Petitioner Nos. 1, 2 and 3 are present in person in the Court and Petitioner No. 4 has joined through video conferencing. The said petitioners are exempted from appearance before this Court on the next date of hearing.

AMIT MAHAJAN, J FEBRUARY 6, 2024 / 'KDK'

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 13/12/2024 at 14:29:08