Prince @ Jaswinder Singh & ORS. v. The State ( NCT Of Delhi) & ORS.

$~70 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2198/2024 PRINCE @ JASWINDER SINGH & ORS.

.....Petitioner Through:

Mr. Kamal Katyan and Mr. Rajesh Katyan, Advocates.

versus THE STATE ( NCT OF DELHI) & ORS.

.....Respondent Through:

Mr. Sanjay Lao, Standing Counsel for State with SI Mitthan Lal P.S. H.N.

Din.

Ms. Sapna Nirwan and Mr. Roshan Kumar, Advocates for R-2 & R-3.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 24.07.2024 CRL.M.A. 21518/2024 (Seeking Exemption) 1.

Allowed, subject to just exceptions.

2.

The application is accordingly disposed of.

W.P.(CRL) 2198/2024 3.

A Writ Petition under Article 226 of Constitution of India read with Section 528 of Bhartiya Nagrik Suraksha Sanhita has been filed by the petitioners seeking quashing of FIR No.161/2024 under Sections 308/323/341/34 registered at P.S. Hazarat Nizamuddin. 4.

The complaint has been filed by the respondent No. 2 stating that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no.2 and 3 and the petitioners are residing in the same building. On 18.06.2024 the respondent No.2 made a complaint to the police that yesterday on 17.06.2024 all the four petitioners came to his house and asked him as to why their water connection is disconnected by him. The respondent No.2 told them that he had incurred Rs.7,000/- on new motor pump and asked them to get new connection installed for their tenant. His brother respondent No.3 was also present there. The petitioners got angry and assaulted the complainant with in iron value lying there. Petitioner No.3 and 3 assaulted with brick and petitioner No.2 with a danda. The Respondent No.2 and 3 sustained injuries and were taken to Safderjung Hospital by the police.

On the statement of respondent No.2, the police lodged an FIR bearing No.161/2024 under Section 308/323/341/34 IPC at P.S. Hazrat Nizamuddin against the petitioners. 5.

It is submitted that vide Compromise Deed dated 28.06.2024 all the petitioners and respondent No. 2 and 3 have already sorted out their all differences with the intervention of their respective persons of the vicinity and they have left no grudge or grievance against each other in any manner whatsoever.

It is submitted that the parties are living in vicinity and the fight occurred due to some misunderstanding. It is further submitted that after the registration of the FIR, there is no acrimony between the parties and they are living peacefully. Therefore, the Petition be quashed. 6.

The complainant is present in the Court and submits that the matter stands settled with all the petitioners/accused, even though the petitioners/accused have filed the present Petition. The respondent No.2 has no objection if the FIR is quashed against the petitioners on account of the settlement already arrived at between the parties. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

In view of the submissions made, the Petition is allowed.

Accordingly, the FIR No.161/2024 registered at P.S. Hazarat Nizamuddin for the offences punishable under Sections 308/323/341/34 of the Indian Penal Code, 1860 with all the subsequent proceedings and the charge sheet is hereby quashed qua all the petitioners/accused persons. 8.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J JULY 24, 2024/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.