Mamta Gaur And ANR v. State Ofnct Of Delhi And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 227/2024 & CRL.M.A. 2078/2024 MAMTA GAUR AND ANR ..... Petitioners Through:

Dr. Aman Gaur, Adv. with petitioner in person.

versus STATE OFNCT OF DELHI AND ANR ..... Respondents Through:

Mr. Anand V. Khatri, ASC for the State with SI Deepak Vashist, PS Vikaspuri.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 23.01.2024 CRL.M.A. 2078/2024 (exemption from filing true & certified copies of the documents/orders) 1.

Exemptions allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(CRL) 227/2024 3.

The present petition is filed for the quashing of FIR No. 624/2023 dated 26.10.2023, under Sections 323/341/34 of the Indian Penal Code, 1860 ('IPC'), registered at Police Station Vikaspuri. The FIR was registered on a complaint made by one Ms. Renu Bajaj, who is arrayed as Respondent No. 2, in the present petition.

4.

It is averred that the petitioner No. 1, along with her daughter, Petitioner No. 2, visited the shop of Respondent No. 2, where the petitioners asked the Respondent No. 2 to provide them a facial service. The Respondent No. 2 refused to provide W.P.(CRL) 227/2024 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 30/07/2024 at 12:56:50

the said service to the petitioners, which led to a scuffle between the petitioners and Respondent No. 2 and the present FIR was filed.

5.

The learned counsel for the petitioners submits that the parties, with the intervention of known friends, have settled their disputes amicably, without any coercion or pressure and have entered into an oral settlement.

6.

The parties are present in person and have been duly identified by the Investigating Officer. They also state that they do not have any objection if the proceedings are quashed 7.

The offence under Sections 323 and 341 of IPC are compoundable in nature. The factum of settlement has been confirmed by the IO and the petition is duly supported by the sworn-in affidavit of the complainant / Respondent No. 2. The investigation is at a preliminary stage and no useful purpose would be served by relegating the parties to the Trial Court for filing an application to compound the offence. 8.

In view of the above, the present petition is allowed and the FIR No. 624/2023, and all consequential proceedings, arising therefrom, are quashed.

AMIT MAHAJAN, J JANUARY 23, 2024 "SK"

W.P.(CRL) 227/2024 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 30/07/2024 at 12:56:50