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High Court of DelhiCRL.M.C./5294/2024

Mahender Kumar @ Jableen v. State Of NCT Of Delhi & ANR.

2024-07-12Hon'Ble Mr. Justice Anish Dayal2 pages

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5294/2024 CRL.M.A. 20254/2024 MAHENDER KUMAR @ JABLEEN .....Petitioner Through:

Mr. Kartik Venu, Mr. R. J. Rohit, Advocates.

versus STATE OF NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Hitesh Vali, APP for the State with Mr. Anil Panwar, Ms. Nidhi Agnihotri, Ms.

Anamika Singhal, Mr.

M.

Choubey, Advocates with SI Naveen, PS: Anand Parbat.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 12.07.2024 1.

This petition has been filed seeking quashing of FIR No. 326/2014 under Sections under Sections354A IPC registered at P.SAnand Parbat, on the basis of settlement arrived at between the parties on 23rd March, 2024, which is on record of this Court.

2.

Petitioner no. 1 and respondent no.2 are both present in Court and are duly identified by the IO.

3.

Respondent no.2 states that she has no objection to the FIR being quashed despite the fact that the FIR was registered 10 years back and the trial is underway and defence evidence is being led. 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 02/07/2025 at 10:20:21

4.

APP for the State points out to this issue as well to which counsel for petitioner replied that the petitioner is a Pastor working with the slum dwellers and gives his services at the Capiston Church in Baljeet Nagar. 5.

Accordingly, in these circumstances, the FIR is being quashed on the condition that the petitioner shall supply mid-day meal to the children that he teaches in the said Church for a period of 15 days. 6.

Photographs and compliance affidavit in this regard be placed on record within six weeks from today.

7.

Considering the above settlement between the parties and the chances of conviction of the petitioner being remote and bleak, there is no use 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. 326/2014 under Sections 354AIPC registered at P.S Anand Parbat and proceedings emanating therefrom are quashed.

8.

Parties shall abide by the terms of settlement. 9.

Accordingly, the petition is disposed of. Pending application, if any, is disposed of as infructuous.

10.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 12, 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. The Order is downloaded from the DHC Server on 02/07/2025 at 10:20:21