Prakash & ORS. v. The State NCT Of Delhi And ANR

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5589/2024 PRAKASH & ORS.

.....Petitioners Through:

Mr. Vishal Singh, Advocate.

versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Shoaib Haider, APP for the State.

W/SI Ratan, SI Braham Parkash, PS Sultan Puri.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 23.07.2024 1.

The present petition under Section 482 Cr.P.C has been filed by the Petitioners for quashing FIR No.567/2016 dated 07.10.2016, registered at Police Station Sultan Puri for offences punishable under Sections 323/354(B)/34 IPC on the ground that the Petitioners and Respondent No.2 have settled their disputes amicably.

2.

It is stated that the present FIR has been lodged at the instance of Respondent No.2 herein against the Petitioners on the basis of counter blast of the FIR No.566/2016, registered at Police Station Sultan Puri for offences punishable under Sections 323/354/354-B/34 IPC which has already been quashed by this Court vide Order dated 21.12.2018 on the ground of settlement between the parties.

3.

The Respondent No.2 has filed an affidavit at Page No.58 of the petition (Annexure-4) stating that she does not want to proceed further with the present FIR and she has no objection if the present FIR is quashed by this Court.

CRL.M.C. 5589/2024 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 12:00:38

4.

The Investigating Officer (IO), who is present in Court today, has identified the Petitioners as well as Respondent No.2. 5.

The Petitioners and the Respondent No.2, who are present in Court, stated that the settlement has been arrived at between them on their own free will, without any force, pressure or coercion and, therefore, the present petition may be allowed and the aforesaid FIR may be quashed. 6.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.567/2016 dated 07.10.2016, registered at Police Station Sultan Puri for offences punishable under Sections 323/354(B)/34 IPC and all the consequential proceedings arising out of the said FIR are quashed, subject to the condition that the Petitioners herein shall deposit a sum of Rs.5,000/- each with the "Armed Forces Battle Casualties Welfare Fund" within 10 days and a receipt of the said deposit be filed in the Registry within 2 weeks and a copy of the said receipt shall also be handed over to the Ld. APP through the I.O. In case the petitioners fail to deposit the aforesaid amount, the prosecution shall be entitled to move an application for passing appropriate orders.

7.

The petition is disposed of in the above terms, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J JULY 23, 2024 S. Zakir CRL.M.C. 5589/2024 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 12:00:38