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High Court of DelhiCRL.M.C./3486/2024

Navjot Singh v. State Of NCT Of Delhi And ANR

2024-05-13Hon'Ble Mr. Justice Amit Mahajan3 pages

$~14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3486/2024 NAVJOT SINGH ..... Petitioner Through:

Mr.

Karanpreet Singh, Advocate alongwith Petitioner-in-Person (Through V.C.) & Jaspal Singh-in-Person (Father of Petitioner No.1).

versus STATE OF NCT OF DELHI AND ANR .... Respondents Through:

Mr. Divyank Rana, APP for the State alongwith Mr. Divyank Rana & Mr.

Rachit Singhal, Advocates & Inspector Afsan Raza/S.H.O. (P.S. Prasad Nagar).

Respondent No.2 (Presentin-Person).

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 13.05.2024 CRL.M.A. 13391/2024 (exemption from filing certified copies of the annexures) 1.

Exemptions allowed, subject to all just exceptions. 2.

The application stands disposed of.

CRL.M.C. 3486/2024 3.

The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') for quashing of FIR No. 52/2019 dated 18.02.2019, registered at Police Station Prasad Nagar, for offences under Sections 323/341/506/34 of the Indian The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Penal Code, 1860 ('IPC'). The FIR was registered on a complaint filed by Respondent No. 2. Chargesheet has been filed in the present case and charges were framed under Section 323/341/506/34 of the IPC.

4.

It is averred that on 15.02.2019 during a college fest at Khalsa college, New Delhi, a scuffle took place between the petitioner and the Respondent No.2 due which Respondent No.2 sustained injuries.

5.

The present petition has been filed on the ground that the parties have amicably settled all their disputes and have entered into a Memorandum of Settlement dated 17.02.2024. out of their own free will and violation, without any coercion, undue influence, mistake, misrepresentation, pressure etc. 6.

It is stated that the both the parties were students in college and are known to each other. It is further stated that the parties have amicably resolved their dispute and wish to live their lives peacefully in the future. They undertake to not indulge into any such activities in the future.

7.

The petitioner is present through video conferencing and is also represented through his father having Special power of Attorney. The Respondent No.2 is present in Court. All the parties are duly identified by the Investigating Officer. 8.

On being asked, the Respondent No.2 states that he has no grievance against the petitioner and do not wish to pursue any proceeding arising out of the present FIR and have no objection if the same is quashed.

9.

Offences under Sections 323/341/506/34 of the IPC are compoundable.

10.

Keeping in view the nature of dispute and that the parties have amicably entered into a settlement, this Court feels that no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

useful purpose would be served by relegating the parties to the Trial Court for filing an application to compound the offence. I am of the opinion that this is a fit case to exercise discretionary jurisdiction under Section 482 of the CrPC.

11.

However, keeping in mind the fact that charges have already been framed in the case arising out of FIR No. 52/2019, and the State machinery has been put to motion, this Court feels that the ends of justice would be served if the petitioners are put to cost.

12.

In view of the above, FIR No. 52/2019 and all consequential proceedings arising therefrom, qua the petitioner, are quashed, subject to payment of a total cost of ₹20,000/- by the petitioner out of which ₹10,000 to be deposited with the Delhi Police Welfare Fund & ₹10,000 with Shahadara Bar Association within a period of ten weeks.

13.

The proof of deposit of cost be submitted to the concerned SHO.

14.

The present petition is allowed in the aforesaid terms. AMIT MAHAJAN, J MAY 13, 2024 'Aman'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.