Bishal Sarkar v. State NCT Of Delhi Through The Sho & ANR.
$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3400/2024, CRL.M.A. 13067/2024 BISHAL SARKAR .....Petitioner Through:
Mr.Arun Thapa and Mr.Sarfaraz Ahmad, Advocates.
versus STATE NCT OF DELHI THROUGH THE SHO & ANR.
.....Respondents Through:
Mr.Hitesh Vali, APP with Ms.Snighdha Sood, Advocate.
SI Yashveer Sharma, PS Govindpuri.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 10.09.2024 1.
This petition has been filed seeking quashing of FIR No.73/2023, under Sections 307 / 34 IPC PS Govind Puri.
2.
Both the petitioner and respondent No.2 are present in the Court and identified by the IO.
3.
Respondent No.2 states that both parties are neighbors and the present dispute arose out of a scuffle between them. Parties have arrived at a settlement dated 16th April 2024 which is on record. Further, respondent no.2 states that he has no objection to the quashing of the present FIR. 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 13/09/2024 at 12:17:58
4.
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. The present FIR is quashed qua the petitioner considering there are two other accused in the matter.
5.
Consequently, the FIR No.73/2023 under Sections 307 / 34 IPC PS Govind Puri and proceedings emanating therefrom, are quashed, qua the petitioner, subject to the petitioner paying the complainant/respondent no.2 Rs.10,000/- since he belongs to economically weaker strata and the same to be paid within two weeks from today and an affidavit of compliance be filed within 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 SEPTEMBER 10, 2024/VLD/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 13/09/2024 at 12:17:58