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High Court of DelhiCRL.M.C./850/2024

Sanjeev Kumar @Bittoo v. State (NCT Of Delhi) & ANR.

2024-08-12Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 850/2024 SANJEEV KUMAR @BITTOO .....Petitioners Through:

Mr. Ajay Kumar, Advocate with petitioners.

versus STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP for the State with SI Charan Singh, PS Tilak Nagar.

Counsel for complainant with complainant.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 12.08.2024 1.

The present Petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C, 1973), has been filed on behalf of the petitioner and the respondent No. 2, seeking quashing of FIR No. 499/2014 dated 11.05.2014, registered at Police Station Tilak Nagar, for the offence punishable under Section 323/341/356/379/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC, 1860)'. 2.

Issue notice.

3.

Mr. Satinder Singh Bawa, learned APP accepts notice on behalf of the State.

4.

Briefly stated, on 07.05.2014 at about 10:15 p.m, the respondent No. 2/complainant along with his wife, had gone to attend the birthday party to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the child of his neighbour, namely, Mr. Rakesh Duggal and whenever the complainant had come after attending the party, the petitioner started punching his nose and mouth. Due to his beatings, complainant's nose and mouth started bleeding immensely and when the complainant was unconscious, the petitioner along with a person, snatched his 02 Tola Gold Chain.

5.

On the complaint of the respondent No. 2, an FIR No. 499/2014 dated 11.05.2014, for the offence punishable under Section 323/341/356/379/34 of the IPC, has been registered at Police Station Tilak Nagar. 6.

It has been submitted that with the intervention of common people of the society, the matter has been amicably settled between the respondent No.2 and the petitioner vide Compromise Deed/Settlement dated 12.12.2023. The said Settlement is already on record. As per the terms of the Settlement, both the parties shall keep harmony in future and undertake not to litigate against each other and all the issues between them have been settled. It is also stated that the respondent No. 2 shall not proceed with the proceedings initiated against the petitioner in the aforesaid FIR. 7.

A request for quashing of the FIR has been made on account of the Compromise Deed/Settlement inter se the parties. In view of the settlement, the present Petition has been filed.

8.

The parties are present in the Court in person and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily. Since the date of incident, nothing untoward has happened in fact, they have been maintaining harmony in their neighbourhood. 9.

Today, the complainant, who is present in Court states that he has no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

objection, if the FIR is quashed.

10.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion. Hence, it would be in the interest of justice, to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.

11.

Accordingly, FIR No. 499/2014 dated 11.05.2014, registered at Police Station Tilak Nagar, for the offence punishable under Section 323/341/356/379/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

12.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J AUGUST 12, 2024/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.