Hari Shankar And ORS v. State Gnct Of Delhi And ORS

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 579/2024 HARI SHANKAR AND ORS .....Petitioners Through:

Mr. Alok Sharma, Advocate along with petitioners.

versus STATE GNCT OF DELHI AND ORS .....Respondents Through:

Mr.

Anand V.Khatri, ASC (Crl), GNCTD with SI Shiv Dayal Kumar, P.S.Harsh Vihar.

Mr. Mukesh Kumar, Advocate for R-2 to 6 along with respondents in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 10.09.2024 1.

The petitioners vide the present petition under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C, 1973 seek quashing of FIR No. 489/2018 registered under Sections 323/341/308/34 IPC, registered at P.S. Harsh Vihar, Delhi and all proceeding emanating therefrom in view of the Settlement/Compromise Deed dated 19.12.2023 arrived at between the parties.

2.

Issue notice. Learned ASC accepts notice on behalf of the State. 3.

A request for quashing of the FIR has been made on account of the Settlement inter se the parties.

It is stated that parties are neighbours and an altercation took place and eventually it resulted into 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 17/09/2024 at 12:08:57

a big fight. Respondent No.3, Sh. Vikas Pundhir was hit with a danda on the head and he suffered 2-3 stitches. Consequently, it is further submitted that cross FIR was registered under Section 341/323/34 IPC which has already been compromised before the learned MM. Vide order dated 17.02.2024 the respondents have been acquitted. The parties have amicably resolved the matter and the issues and undertake to abide by the Compromise Deed dated 19.12.2023. The parties ahve settled the disputes and are living in harmony in the neighbourhood. The parties endorse the Settlement and state that they shall remain bound by it.

4.

The parties are present before this Court in person today, and have been identified by their counsel and Investigating Officer concerned.

5.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a matter of a neighbourhood 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 FIRs in question. 6.

Accordingly, FIR No. 489/2018 registered under Sections 323/341/308/34 IPC, registered at P.S. Harsh Vihar, Delhi and all consequential proceedings emanating therefrom are quashed. 7.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J SEPTEMBER 10, 2024/rk 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 17/09/2024 at 12:08:57