Devender Garg v. State NCT Of Delhi & ANR.
$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 550/2024 DEVENDER GARG ..... Petitioner Through:
Mr. Ayush Jain and Mr. Tushar Thakur, Advocates.
versus STATE NCT OF DELHI & ANR.
..... Respondents Through:
Mr. Yudhvir Singh Chauhan, APP for State with SI Gagandeep, PS Prashant Vihar.
Mr. Yashovardhan Upadhyay, Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 23.01.2024 CRL.M.A. 2209/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.C. 550/2024 3.
This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 251/2022 dated 26.02.2022 under Section 406 IPC registered at P.S.: Prashant Vihar and the proceedings emanating therefrom, predicated on a settlement arrived at between the Petitioner and Respondent No.2. Terms of settlement have been incorporated in a Memorandum of Understanding executed between the parties on 05.01.2024. CRL.M.C. 550/2024 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 06/06/2024 at 15:08:00
4.
Learned APP, however, at the outset submits that Section 406 is a compoundable offence and therefore, the appropriate remedy, available to the Petitioner is to approach the learned Trial Court under Section 320 Cr.P.C. Additionally, it is submitted by the learned APP, on instructions from the Investigating Officer, who is present in Court, that State has filed an application for cancellation of the FIR in the absence of sufficient evidence and the same is listed before the learned Trial Court on 14.02.2024. 5.
In this view of the matter, after canvassing some arguments, learned counsel for the Petitioner seeks to withdraw the present petition with liberty to take recourse to appropriate remedies, in accordance with law. 6.
Petition stands disposed of granting liberty as prayed for, in accordance with law.
JYOTI SINGH, J JANUARY 23, 2024/pa CRL.M.C. 550/2024 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 06/06/2024 at 15:08:00