Jitender @ Jeetu And ORS v. The State NCT Of Delhi And ANR.

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3074/2024 & CRL.M.A. 11907/2024 JITENDER @ JEETU AND ORS .....Petitioners Through: Mr.Rajesh Pandey, Advocate with Petitioners in person.

versus THE STATE NCT OF DELHI AND ANR.

.....Respondents Through: Mr.Hitesh Vali, APP for State with SISatish Bhati, PS Okhla Industrial Area RespondentNo.2 in person.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 08.08.2024 1.

The present petition under Section 482 Cr.P.C. has been filed seeking quashing of the FIR No. 409/2020 under Sections 308/34 of the IPC registered at Police Station Okhla Industrial Area on the basis of a Memorandum of Understanding (MOU) dated 23.3.2024 arrived at between the parties which is on record and annexed as Annexure-C to the petition. 2.

It is stated in the settlement as also before the Court that the parties are neighbours and that the altercation arose out of some mutual dispute which has now been amicably resolved by the parties inter se. 3.

Learned counsel for the petitioner points out that as per the MLC, the injury was simple and blunt as also mentioned in the charge sheet. 4.

Learned APP for the State, however, points out that the injury was 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 13/08/2024 at 11:38:33

sharp and there was a scuffle between the petitioners and the respondent No.2.

5.

Notwithstanding, considering that the parties, which are present before the Court and duly identified by the Investigating Officer, state that they know each other, they are neighbours and the present dispute was inter se and a scuffle resulted, considering the 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.

6.

Accordingly, the petition is allowed. Consequently, the FIR No. 409/2020 under Sections 308/34 of IPC registered at PS Okhla Industrial Area and proceedings emanating therefrom are quashed. 7.

Parties shall abide by the terms of settlement. 8.

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

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 8, 2024 SV/na 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 13/08/2024 at 11:38:33