Sonu @ Yogesh @ Budha And Others v. The State NCT Of Delhi And ANR.
$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1869/2024 SONU @ YOGESH @ BUDHA AND OTHERS .....Petitioners Through:
Mr. Akshat Sharma and Mr. Surya Singh, Advocates with petitioners in person versus THE STATE NCT OF DELHI AND ANR.
.....Respondents Through:
Mr. Digam Singh Dagar, APP for State & SI Qunah Anuj, PS Timar Pur.
Mr. Pradeep Kumar Singh, Adv. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 02.12.2024 1.
This petition has been filed seeking quashing of FIR No.220/2012 dated 04th October 2012 under Sections 356/379/411/120B/34 IPC registered at Police Station Timarpur, on the basis of settlement arrived at between the parties dated 28th February 2024, which is on record of this Court.
2.
Petitioner nos.1 to 5 and respondent no.2 are present in Court and are duly identified by the IO and counsel.
3.
Respondent no.2 states that he has received the money under settlement and has no objection to the FIR being quashed. 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 06/12/2024 at 12:12:48
4.
APP for the State, however, raises an objection considering that FIR was registered way back in 2012 and State machinery has been involved in the process.
5.
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. Consequently, the FIR No.220/2012 dated 04th October 2012 under Sections 356/379/411/120B/34 IPC registered at Police Station Timarpur, Delhi and proceedings emanating therefrom are quashed subject to all the petitioners collectively depositing costs of Rs.20,000/- within 6 weeks with the NDBA Members Welfare Fund Account, through Secretary NDBA, Patiala House Courts. Affidavit of compliance to be placed on record two weeks thereafter. 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 DECEMBER 2, 2024/sm/sc 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 06/12/2024 at 12:12:48