Paras Bisht @ Panku v. The State Govt Of NCT Of Delhi And ANR
$~6 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ PARAS BISHT @ PANKU ..... Petitioner Through:
Mr.
Rajender Gupta, Advocate alongwith Petitioner-in-Person.
versus THE STATE GOVT OF NCT OF DELHI AND ANR ..... Respondents Through Mr. Sunil Kumar Gautam, APP for the State alongwith SI Ravi Shankar (P.S. Patel Nagar).
Mr. Bhavtash Sharma, Mr.
Ankur Gupta & Ms. Anjali Gupta, Advocates for R-2 alongwith R-2-in-Person.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 02.07.2024 CRL.M.A. 18813/2024 (exemption from filing certified copies of annexures) 1.
Exemption allowed, subject to all just exceptions. 2.
The application stands disposed of.
3.
The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC'), for quashing of FIR 396/2016 dated 21.06.2016, registered at police station Patel Nagar, for offences under Sections 323/341/506 of the Indian Penal Code, 1860 ('IPC'). The FIR was registered on a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
complaint given by Respondent No. 2. Chargesheet has been filed in the present case.
4.
It is alleged that on 20.06.2016 at about 08:30 PM, the petitioner threatened Respondent No.2 to withdraw a case lodged by him. It is alleged that when Respondent No.2 refused, the petitioner started beating Respondent No.2 due to which he fell down. It is alleged that Respondent No.2 sustained injuries on his right knee. The same led to the registration of the present FIR. 5.
The learned counsel for the petitioner submits that the parties live in the same locality and they have resolved their disputes amiably.
6.
He submits that the petitioner has tendered an unconditional apology for his behaviour and he undertakes to not indulge in any such activities in the future. 7.
The present petition has been filed on the ground that the parties have amicably settled all their disputes with the intervention of respectable elders, well-wishers, and friends of both the parties, by way of Memorandum of Understanding dated 18.03.2024, of their own free will, without any fear or pressure or coercion. In terms of the settlement, the parties have agreed that they will approach and appear before this Court seeking quashing of the present FIR.
8.
The parties are present and have been duly identified by the Investigating Officer.
9.
Respondent No.2, on being asked, states that he does not wish to pursue the proceedings out of the present FIR and has no objection if the same is quashed.
10.
The parties submit that they have decided to maintain cordial relations with each other and live their lives peacefully in the future.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
11.
The parties are bound down to the said statement. 12.
Offences under Sections 323/341/506 of the IPC are compoundable in nature.
13.
Keeping in view the aforesaid principle and the nature of dispute and the fact that the parties have amicably entered into a settlement, this Court feels that no useful purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court. No useful purpose would be served by relegating the parties to the learned Trial Court for filing an application to compound the offences.
14.
However, keeping in mind the fact that the charge sheet has already been filed, and the State machinery has been put to motion, ends of justice would be served if the petitioner is put to cost.
15.
In view of the above, FIR No. 396/2016 and all consequential proceedings arising therefrom are quashed, subject to payment of cost of ₹10,000/- by the petitioner, to be deposited with the Delhi Police Welfare Society, within a period of eight weeks from date.
16.
The proof of deposit of payment be submitted with concerned IO/SHO.
17.
The petition is allowed in aforesaid terms.
AMIT MAHAJAN, J JULY 2, 2024 'Aman'
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.