← Library
High Court of DelhiCRL.M.C./637/2024

Hasina & ORS. v. The Govt Of NCT Of Delhi & ANR.

2024-08-27Hon'Ble Mr. Justice Anish Dayal3 pages

$~30 & 31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 637/2024 HASINA & ORS.

.....Petitioner Through:

Mr. Arvind Mishra, Mr. Prince, Mr.

Vinod Kumar Sharma, Ms. Archana Kumari and Ms. Ravi Kanchan, Advs.

versus THE GOVT OF NCT OF DELHI & ANR.

.....Respondent Through:

APP Pradeep Gahalot with Adv.

Hanumanth Sakhuja Adv. Sunny Sharma Adv. Anubhav Jain Adv.

⁠Nayan Saini Adv. ⁠Shubham Kumar Adv. Dhruv Goyal Adv. Shristhi Setia Adv. Savi Abbot Adv. Deepankar Kataria with WSI Veena Kumari and ASI Arun Kumar, PS S P Badli.

Mr. Rakesh Kumar and Mr. Jahar Singh Ahiswar, Advs. for R-2.

+ W.P.(CRL) 339/2024 SIMRAN KAUR & ANR.

.....Petitioner Through:

Mr. Rakesh Kumar and Mr. Jahar Singh Ahiswar, Advs.

versus STATE NCT OF DELHI AND ANR.

.....Respondent Through:

Mr. Sanjay Lao, Standing Counsel with Mr. Abhinav Kumar, Adv. with WSI Veena Kumari and ASI Arun Kumar, PS S P Badli.

Mr. Arvind Mishra, Mr. Prince, Mr.

Vinod Kumar Sharma, Ms. Archana The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Kumari and Ms. Ravi Kanchan, Advs.

for R-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 27.08.2024 1.

These petitions have been filed seeking quashing of cross-FIR No.473/2023 PS Samaipur Badli under Sections 324/354B/376/509/34 IPC and FIR No.494/2023 under Sections 452/323/380/34 IPC PS Samaipur Badli. The respective petitioners in each of the matters and the complainants are all present before this Court and duly identified by the IO. 2.

Both the complainants in the respective matters state that the issue arose out of an altercation between the neighbours and exaggerated claims were made on each other, in retaliation. However, they have resolved their disputes and do not want to press these proceedings any further. 3.

The complainant in FIR No.473/2023 states that the allegation under Section 376 IPC was made on the misunderstanding and was in the heat of the moment and that no such incident which would trigger the offence under Section 376 IPC occurred.

4.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed.

5.

Consequently, the cross-FIR No.473/2023 PS Samaipur Badli under Sections 324/354B/376/509/34 IPC and FIR No.494/2023 under Sections The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

452/323/380/34 IPC PS Samaipur Badli and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 27, 2024/MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.