Vijay Kumar v. State NCT Of Delhi And ANR.

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4377/2024, CRL.M.A. 16633/2024 VIJAY KUMAR ..... Petitioner Through:

Mr. Manish Gupta, Mr. Vishwav Ratan Sharma and Mr. Abhimanyu Singh, Advocates with petitioner in person.

versus STATE NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Aashneet Singh, APP for State with SI Dinesh Kumar, P.S. Nand Nagri.

Mr. Arvind Sharma, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 28.05.2024

O R D E R

1.

The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No. 334/2020 registered under Sections 308/34 IPC at P.S. Nand Nagri, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioner alongwith few others got into a scuffle with respondent No.2 and caused injuries to him. 3.

Mr. Singh, learned APP for the State, on instructions, submits that apart from present petitioner there are other accused persons. He further The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

submits that respondent No.2 is the complainant/victim in the present case. It is further submitted that charge-sheet has been filed in the present case under the aforesaid sections.

4.

Learned counsel for the petitioner submits that a settlement has been arrived at between the petitioner and respondent No. 2 only vide MOU/Settlement Deed dated 20.04.2024. In terms of the settlement, respondent No.2 is now left with no claim or grievance against the present petitioner.

5.

Petitioner, who is present in Court, has been identified by his counsel as well as the I.O./SI Dinesh Kumar, P.S. Nand Nagri, Delhi. Respondent No.2, who is also present in Court, has been identified by the I.O. 6.

. Petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No. 2, states that he has entered into settlement with the petitioner out of his own free will, volition and without any coercion. He further states that he has no objection if the present FIR and consequent proceedings are quashed qua the present petitioner. 7.

The parties shall remain bound by the statements made in Court today.

8.

In view of the above facts and considering that no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed qua the present petitioner only, subject to payment of cost of Rs.10,000/- to be paid to respondent no.2 within two weeks by way of a demand draft through the IO. It is clarified that the trial shall continue in respect of other accused persons.

9.

Proof evidencing receipt of payment of cost shall be filed with the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

I.O. If the same is not filed within stipulated period, the I.O. shall be at liberty to move appropriate application.

10.

With the above directions, the petition is disposed of alongwith miscellaneous application.

MANOJ KUMAR OHRI, J MAY 28, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.