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High Court of DelhiCRL.M.C./5527/2024

Santosh And ANR v. State NCT Of Delhi And ANR

2024-11-27Hon'Ble Mr. Justice Anish Dayal2 pages

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5527/2024 SANTOSH AND ANR .....Petitioner Through:

Mr. V.K. Srivastava, Advocate.

versus STATE NCT OF DELHI AND ANR .....Respondent Through:

Mr. Satinder Singh Bawa, APP for State.

Mr. Ravinder Singh, Adv for R-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 27.11.2024 1.

This petition has been filed seeking quashing of FIR no. 430/2018 under Sections 308/342/34 IPC registered at PS Amar Colony, on the basis of settlement arrived at between the parties, dated 29th January 2024, which is on record of this Court.

2.

Petitioners and respondent no.2 (complainant) are present before the Court, as well as, Sufian and Kadim, who are also injured, and are duly identified by the IO and respective counsels. They state that they have no objection to the quashing of the FIR, since they have amicably resolved their inter se issues.

3.

It is stated by counsel that two other FIRs. bearing Nos. 431/2018 and 432/2018, were also registered at PS Amar Colony, inter se parties. They state 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 29/11/2024 at 12:48:19

that they have already arrived at an understanding vide fresh MoU in respect of these FIRs as well, and that may be quashed. They shall file requite petitions in this regard.

4.

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. 430/2018 under Sections 308/342/34 IPC registered at PS Amar colony and proceedings emanating therefrom are quashed.

5.

Parties shall abide by the terms of settlement. 6.

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

7.

Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 27, 2024/RK/kp 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 29/11/2024 at 12:48:19