Gaurav @ Bihari v. State Govt. Of NCT Of Delhi And ORS.

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3253/2024, CRL.M.A. 12537/2024 GAURAV @ BIHARI ..... Petitioner Through:

Mr. Akash Baisoya, Ms. Gurushiksha Kundra, Ms. Ritu Rana, Mr. Sachin Verma and Mr. Prem Dutt Bhardwaj, Advs.

versus STATE GOVT. OF NCT OF DELHI AND ORS. ..... Respondents Through:

Ms. Kiran Bairwa, APP for State with SI Pradeep Sharma, PS Sarita Vihar.

R-2 in person and R-3 (through V.C.).

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 26.04.2024 CRL.M.A. 12537/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

CRL.M.C. 3253/2024 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for quashing of FIR No. 0341/2012 dated 04.11.2012 under Sections 325/34 Indian Penal Code, 1860 ('IPC') registered at P.S.: Sarita Vihar, Delhi and the proceedings emanating therefrom.

2.

Issue notice. Learned APP for the State accepts notice. Respondent No. 2 appears in person and respondent No.3 is present virtually on advance The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

notice and they accept notice.

3.

The facts of the present case would show that the petitioner along with some boys indulged into a fight with respondent Nos. 2 and 3 and due to which, respondents got grievously injured and were admitted to hospital for treatment. Subsequently, a complaint was registered at the instance of respondent No.2 which led to the filing of the present FIR on 04.11.2012. 4.

During the pendency of the impugned FIR, which was registered in the year 2012, the parties appearing before this Court equally submit that they have settled their grievances amicably and as of now, Respondent Nos. 2 and 3 do not have any grievance against anybody. The terms of the settlement have been reduced into writing by way of Memorandum of Understanding dated 04.04.2024.

5.

Learned APP for the State submits that in view of amicable settlement between the parties, the State has no objection in case the FIR in question is quashed.

6.

Petitioner as well as respondent Nos. 2 and 3 have been identified by SI Pradeep Sharma, PS: Sarita Vihar. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent Nos. 2 and 3 also state that nothing remains to be further adjudicated upon between the parties and they have no objection in case the FIR in question is quashed. 7.

Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. Continuation of proceedings would be nothing but an abuse of the process of Court. Consequently, FIR No. 0341/2012 dated 04.11.2012 under Sections 325/34 IPC registered at P.S.: Sarita Vihar, Delhi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and the proceedings emanating therefrom stand quashed. 8.

Petition is accordingly disposed of.

9.

Pending applications, if any, also stand disposed of. 10.

A copy of this order be forwarded to the learned Trial Court for information.

PURUSHAINDRA KUMAR KAURAV, J.

APRIL 26, 2024/akc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.