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High Court of DelhiCRL.M.C./5437/2024

Prem Prakash Sehrawat v. State And ANR

2024-07-19Hon'Ble Mr. Justice Anish Dayal2 pages

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5437/2024&CRL.M.A. 20805/2024 PREM PRAKASH SEHRAWAT .....Petitioner Through:

Ms. Nikita, Mr. Brijesh Yadav, Mr.

Sandeep Yadav &Mr. Piyush Kumar, Advs. with petitioner in person (thru VC) versus STATE AND ANR .....Respondents Through:

Mr. Hitesh Vali, APP for the State with Mr. Sanjeev Vats, Mr. Rahul Vats, Mr. Rahul Verma & Mr. Raj Kumar Khatri, Advs SI Manoj Kumar, PS V K South Mr. Chirag Verma & Ms. Sheetal Tanwar, Advs. for R-2/complainant R-2/ complainant is present thru VC.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 19.07.2024 1.

This petition is filed seeking quashing of FIR No.778/2014 PS Vasant Kunj (South) under Sections 323 IPC, on the basis of a settlement arrived at between the parties with the facilitation of Delhi Mediation Centre, Patiala House Courts, Delhi on 27th May 2024, which is on record of this Court. 2.

Petitioner is present in the Court while respondent no.2/complainant is present through video conferencing and both are duly identified by the IO and their respective counsels.

3.

Respondent no.2 confirms the factum of settlement and states that he has no objection to quashing of the FIR.

4.

However, APP for the State submits that the FIR pertains to 2014 and 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 11:20:29

trial is underway and petitioner witnesses have already been examined. 5.

In these circumstances, petitioner shall deposit Rs. 25,000/-in account of DHCBL Lawyers Social Security and Welfare Fund within a period of 2 weeks from today. An affidavit confirming deposit along with receipt be placed on record within 2 weeks thereafter.

6.

Considering the above settlement between the parties and the chances of conviction of the petitioners 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.778/2014 PS Vasant Kunj (South) under Sections 323 IPCand proceedings emanating therefrom are quashed, subject to depositing Rs. 25,000/- as directed above. 7.

Parties shall abide by the terms of settlement. 8.

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

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 19, 2024/sm 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 11:20:29