Gaurav & ORS. v. The State NCT Of Delhi And ANR.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3747/2024 GAURAV & ORS.

.....Petitioners Through:

Mr Anshul Garg and Ms Priya Garg, Advs.

versus THE STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr Sanjeev Sabharwal, APP for State SI Arvind, PS-Mandir Marg

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 25.11.2024 1.

This is a petition seeking quashing of FIR No. 22/2020 dated 16.03.2020 under sections 323/325/354/34 IPC registered at Police StationMandir Marg and consequential proceedings emanating therefrom. 2.

As per the FIR, an altercation took place between the parties as a result of which the petitioners misbehaved with respondent No. 2/prosecutrix.

3.

The petitioners are present in Court and have been identified by their counsel Mr Anshul Garg.

4.

The respondent No.2/prosecutrix is also present in Court and has been identified by the Investigating Officer SI Arvind, PS-Mandir Marg. 5.

During the pendency of the proceedings, the parties have arrived at a settlement dated 30.04.2024 wherein the parties have resolved their disputes The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and the respondent No.2 has agreed that she will cooperate in quashing of the FIR. The respondent No.2 states that she does not wish to prosecute the FIR any further and wants to put a quietus to the entire matter. The petitioners also regret their action and undertake to never repeat the same in future.

6.

Both the parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion. It is stated by respondent No.2 that she has no objection if the FIR is quashed.

7.

Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings. 8.

However, I am of the view that considerable time of the police and judicial time has been wasted. The police machinery has been put in motion on account of the acts of commission & omission on behalf of the parties and useful time of the police which could have been utilised for important matters has been misdirected towards this case. Hence, the petitioners must pay costs.

9.

For the reasons stated above, FIR No. 22/2020 dated 16.03.2020 under sections 323/325/354/34 IPC registered at Police Station-Mandir Marg is hereby quashed subject to payment of costs of Rs. 5,000/- by each petitioner to the respondent No.2/prosecutrix within a period of four weeks from today.

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

10.

The proof of payment of cost shall be filed in the Registry within 4 weeks and in case the same is not furnished, this file be put up before the Court.

11.

The petition is disposed of accordingly.

JASMEET SINGH, J NOVEMBER 25, 2024 sr Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.