Udbhav Sharma & ORS. v. The State (NCT Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ UDBHAV SHARMA & ORS.

.....Petitioners Through:

Mr. Rahul Thakur, Mr.

Prince Gupta and Mr.

Suraj Sagar, Advs.

All the petitioners in person.

versus THE STATE (NCT OF DELHI) & ANR. .....Respondents Through:

Mr. Anand V. Khatri, ASC for the State with SI Rahul Malik, PS Maurya Enclave.

Mr. Shivam Sharma and Mr. Prateek Mathur, Advs.

for R-2.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 03.07.2024 CRL.M.A. 18955/2024 (exemption from filing the certified copies and true typed / dim copies of the annexures) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

3.

The present petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') seeking quashing of FIR No. 132/2024 dated 23.03.2024, registered at Police Station Maurya The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Enclave for offences under Sections 323/341/34 of the Indian Penal Code, 1860 ('IPC'), including all consequential proceedings arising therefrom. The FIR was registered on a complaint filed by Respondent No. 2.

4.

It is submitted that a minor altercation arose between the parties due to misunderstanding and in the heat of the moment, which led to the registration of the present FIR. 5.

It is stated that the chargesheet in the present case has already been filed.

6.

The present petition is filed on the ground that the matter is amicably settled between the parties by way of a Memorandum of Understanding dated 30.05.2024, on their own free will, without any force, pressure, coercion, inducement, compulsion, misrepresentation, etc.

7.

The parties are present before this Court in person and have been duly identified by the Investigating Officer. 8.

Respondent No.2, on being asked, states that he does not wish to pursue the proceedings arising out of the present FIR, and has no objection if the proceedings are quashed. 9.

The parties state that they wish to live their lives peacefully and undertake not to indulge into any such activity in the future.

10.

Offences under Sections 323/341 of the IPC are compoundable in nature.

11.

No useful purpose would be served by relegating the parties to the learned Trial Court for filing an application to compound the offence.

12.

However, keeping in mind the fact that the charge sheet has already been filed in the case arising out of FIR No. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

132/2024, and the State machinery has been put to motion, ends of justice would be served if the petitioners are put to cost. 13.

In view of the above, FIR No. 132/2024 and all consequential proceedings arising therefrom are quashed, subject to payment of total cost of ₹20,000/- by the petitioners (₹5,000/- by each petitioner), out of which ₹10,000/- shall be deposited with Delhi Police Welfare Fund and ₹10,000/- shall be deposited with Delhi Bar Association (Tis Hazari) within a period of six weeks from the date. The proof of deposit of cost be submitted to the concerned SHO.

14.

The present petition is allowed in the aforesaid terms. AMIT MAHAJAN, J JULY 3, 2024 'KDK'

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