Vikram Sukhwani @ Vicky v. The State NCT Of Delhi & ANR.

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4510/2024 VIKRAM SUKHWANI @ VICKY ..... Petitioner Through:

Mr. Heber Nathanael, Adv.

versus THE STATE NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Satish Kumar, APP for the State along with Mr. Rana Sudershan Biswas and Ms.

Chandrika Upadhyay, Advs.

Mr. Dinesh Kumar, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 29.05.2024 CRL.M.A. 17004/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 4510/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed by the petitioner praying for quashing of FIR bearing No. 215/2022 registered at Police Station Lajpat Nagar for offences punishable under Sections 308/341 of the Indian Penal Code, 1860 ('IPC').

4.

Issue notice. Mr. Satish Kumar, learned APP appearing on behalf of the State accepts notice.

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

5.

Learned APP for the State on instructions from the Investigating Officer submits that there is no other case is pending against the petitioner. It is further submitted that a cross FIR bearing No.214/2022 relating to the same incident was registered at Police Station Lajpat Nagar for the offence punishable under Sections 323/325/34 of IPC and the same stands quashed by an order dated 28.05.2024 passed by a co-ordinate Bench of this Court. 6.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. 7.

On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that he has entered into compromise out of his own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties and an affidavit of respondent No. 2 regarding the same is enclosed herewith. Respondent no. 2 further states that he has no objection if FIR may be quashed.

8.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion and the fact that the cross FIR arising out of the same incident between the same parties already stands quashed, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

9.

Accordingly, FIR bearing No. 215/2022 registered at Police Station Lajpat Nagar for offences punishable under Sections 308/341 of the IPC and all consequential proceedings emanating therefrom are quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The petition stands disposed of.

11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 29, 2024/A 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.