Chander Bhan And Others v. State Govt Of NCT Of Delhi And Another

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6038/2024 CHANDER BHAN AND OTHERS .....Petitioners Through:

Mr. Utsav Pandey, Advocate.

versus STATE GOVT OF NCT OF DELHI AND ANOTHER .....Respondents Through:

Mr. Hitesh Vali, APP for State with Insp. Manish Bhatti, PS: BH. Dairy.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 11.11.2024 CRL.M.A. 23040/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 6038/2024 1.

This petition has been filed seeking quashing of the FIR no. 307/2017 registered at PS: Bhalswa Dairy, under Sections 308/34 IPC based on settlement dated 26th July, 2024, which is on record of this Court. 2.

It is stated that the cross FIRs were filed between the parties. The other FIR being 306/2017 which has since been quashed by order of this Court on 28th August, 2024, in CRL.M.C. 6059/2024.

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 14/11/2024 at 11:48:14

3.

Petitioner nos. 1-3 and respondent No.2 (complainant) are present in Court and are duly identified by the IO. Respondent no. 2 states that he has no objection to the quashing of the FIR.

4.

APP States that the trial is at the stage of prosecution evidence. 5.

Counsel for petitioner states that not a single witness has been examined as also the cross FIR has already been quashed. 6.

It is stated by parties who are present in Court that they are neighbours and issue was arose due to altercation between the parties which was amicably settled with intervention of the senior members of the society. 7.

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. 307/2017 under Sections 308/34 IPC registered at PS Bhalswa Dairy and proceedings emanating therefrom are quashed.

8.

Parties shall abide by the terms of settlement. 9.

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

10.

Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 11, 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 14/11/2024 at 11:48:14