Ajay Singh @ Kallu & ORS. v. State (NCT Of Delhi) & ORS.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1816/2024 AJAY SINGH @ KALLU & ORS.

.....Petitioner Through:

Mr Nitin Joshi, Mr Hitendra Singh, Mr Keshav Kant Sharma and Mr Harsimran Singh, Mr. Harsh Singh, Mr. Shivam Rawat, Advocates.

Versus

STATE (NCT OF DELHI) & ORS.

.....Respondent Through:

Mr Sanjay Lao, Standing Counsel for the State with Ms Priyam Aggarwal, Advocate with SI Dharmendra Kumar, PS Kishangarh, New Delhi.

Mr. Harsh Sharma, Advocate for respondent nos. 2-3.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 27.08.2024 CRL.M.A. 17597/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

W.P.(CRL) 1816/2024 1.

This petition has been filed seeking quashing of FIR no. 314/2020 registered at PS: Kishangarh under Sections 308/323/3411342/427/34 IPC on the basis of settlement arrived at between the parties dated 20th May, 2024, which is on record of this Court.

2.

Respondent no.2 (complainant) who is present in Court is identified by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the IO states that the petitioners are the neighbours in the same village and brawl took place relating to the parking issue and they have resolved their issues and, therefore, have no objection to the FIR being quashed. 3.

Counsel appearing on behalf of Standing Counsel Mr. Sanjay Lao, raises an issue relating to the nature of the injuries as well as previous involvements of the petitioners.

4.

Perusal of the SCRB report, would show previous involvements which are under the Electricity Act or the Arms Act; however, the updated status is not known.

5.

Counsel for complainant states that the complainants have confirmed that it was an internal dispute between the parties which has since been resolved.

6.

Petitioner nos. 1-4 are also present and are duly identified by the IO and represented through counsel.

7.

Each of them will pay a cost of Rs. 15,000/- before the DHCBA Lawyers Social Security and Welfare Fund within a period of two weeks from today. Confirmation of deposit shall be placed before the record of the Court and copy to the IO within two weeks thereafter. 8.

Moreover, they shall provide community service in terms of organizing as meal at an Old Age Home, Vasant Kunj, twice in the month of September, 2024. Confirmation of the same with photographic evidence shall also be placed alongwith affidavit with endorsement from the Organizer of the Old Age Home.

9.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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. Consequently, the FIR No. 314/2020 under Sections 308/323/3411342/427/34 IPC registered at PS Kishangarh, and proceedings emanating therefrom are quashed. 10.

Parties shall abide by the terms of settlement. 11.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

12.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 27, 2024/RK 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.