Anuj Kumar & ANR. v. State NCT Of Delhi & ANR.

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5288/2022 & CRL.M.A. 21041/2022 ANUJ KUMAR & ANR.

..... Petitioners Through:

Mr.M.K.Saroju, Mr.B.K.Pandey, Ms.Pragati, Advs.

versus STATE NCT OF DELHI & ANR.

..... Respondents Through:

Mr.Shoaib Haider, APP along with SI Kartar Singh.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 10.01.2024 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (In short, 'CrPC') seeking quashing of the FIR No.930/2017 registered at Police Station: Uttar Nagar under Sections 354A/354D/506/34 of the Indian Penal Code, 1860 (In short, 'IPC').

2.

The learned counsels for the parties submit that the parties have arrived at an amicable settlement and have entered into a Settlement Deed/Memorandum of Understanding dated 04.10.2022 as the parties are stated to be neighbours.

3.

The respondent no.2, that is, the complainant is personally present in Court and has been duly identified by the IO. 4.

Considering the above settlement between the parties and the chances of conviction of the petitioner being remote and bleak, in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 12:52:19

view of the principles enunciated by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, Parbathai Aahir @ Parbatbhai Bimsinh Karmur & Ors. v. State of Gujarat & Ors., (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335, I find that no useful purpose would be served in continuing with the criminal proceedings as it would be an unnecessary burden on the State exchequer.

5.

Accordingly, FIR No.930/2017 registered at Police Station: Uttar Nagar under Sections 354A/354D/506/34 of the IPC, along with all other proceedings emanating therefrom, are quashed, subject to the condition that the petitioner deposits costs of Rs.15,000/- each (total Rs.30,000/-) with Delhi State Legal Services Authority within a period of two weeks from today. The amount so deposited shall be utilised by the Delhi State Legal Services Authority for providing support to the Acid Attack Victims requiring such assistance. 6.

The petitioners shall file, with the Registry of this Court, proof of such deposit of the above costs and also supply a copy thereof to the concerned IO within the said period.

7.

The petition is allowed in the above terms.

8.

The pending application is also disposed of as infructuous. NAVIN CHAWLA, J JANUARY 10, 2024 RN/AS 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. The Order is downloaded from the DHC Server on 13/05/2024 at 12:52:19