Rahul Pratap v. The State NCT Of Delhi & ANR. & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 250/2024 RAHUL PRATAP ..... Petitioner Through:

Ms. Rishika Nagpal, Adv.

with petitioner in person versus THE STATE NCT OF DELHI & ANR. & ORS.

..... Respondents Through:

Ms. Rupali Bandhopadya, ASC for the State with Mr.

Abhijeet Kumar, Adv.

ASI Mukesh Kumar, PSBHD Nagar Respondent No.

in person

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 24.01.2024 1.

The present petition is filed for the quashing of FIR No. 422/2023 dated 29.08.2023, under Sections 323/34 of the Indian Penal Code, 1860 ('IPC'), registered at Police Station Baba Haridas Nagar, New Delhi. The FIR was registered on a complaint made by one Mr. Pushpam, who is arrayed as Respondent No. 2, in the present petition.

2.

It is averred that Respondent No. 2 was returning home in his car, along with his mother and a relative, where he was attacked by the petitioner, who was driving his motorcycle at a high speed. It is alleged that the petitioner stopped the car of the Respondent No. 2 and started beating him and his family members, which led to the filing of the present FIR. 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 15/06/2024 at 11:34:07

4.

The learned counsel for the petitioner submits that the parties are neighbours and have settled their disputes amicably, without any coercion or pressure, by entering into a compromise deed, dated 16.12.2023.

5.

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. 6.

The offence under Sections 323 of IPC is 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. No useful purpose would be served by relegating the parties to the Trial Court for filing an application to compound the offence.

7.

In view of the above, the present petition is allowed and the present FIR No. 422/2023, and all consequential proceedings, arising therefrom, are quashed.

AMIT MAHAJAN, J JANUARY 24, 2024 "SS"

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 15/06/2024 at 11:34:07