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High Court of DelhiCRL.M.C./6925/2022

Vikas Yadav v. The State (N.C.T. Of Delhi) & ORS.

2025-01-31Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6925/2022 & CRL.M.A. 34679/2023 VIKAS YADAV .....Petitioner Through:

Mr. Iqbal Singh, Advocate versus THE STATE (N.C.T. OF DELHI) & ORS.

.....Respondents Through:

Mr. Manoj Pant, APP for the State with IO, P.S. Rajouri Garden.

Mr. Randeep Singh and Ms. Ujala Vishnoi, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 31.01.2025 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereafter 'Cr.P.C.'), has been filed on behalf of the petitioner, seeking quashing of FIR bearing No. 986/2021, registered at Police Station Rajouri Garden, Delhi for offences punishable under Section 307 of the Indian Penal Code, 1860 (hereafter 'IPC') and Sections 25/27/54/59 of Arms Act, 1959.

2.

Petitioner is present in person before this Court and has been identified by his counsel, Mr. Iqbal Singh and Investigating Officer (IO), Police Station Rajouri Garden, Delhi.

3.

Brief facts of the present case are that the present FIR has been registered on the statement of complainant/respondent no. 3 and the 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 is the injured/victim in this matter and therefore, the respondent no. 2 and 3 are made the party as respondents. As per FIR, the allegations were made regarding commission of offence under Section 307 of IPC and Section 25/27/54/59 of Arms Act. It is stated that chargesheet in this case stands filed before the concerned court. It is further stated that both the parties had settled their disputes vide Memorandum of Understanding (MoU) dated 29.11.2022.

4.

On a query made by this Court, respondent no. 2 and 3 who have been identified by the their counsel, have categorically stated that they have entered into a compromise out of their own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 and 3 that the entire dispute has been amicably settled between them vide MoU dated 29.11.2022. Respondent no. 2 and 3 further stated that they have no objection if the present FIR is quashed.

5.

In view of the above facts, that the parties have amicably resolved their differences out of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 6.

Accordingly, FIR bearing No. 986/2021, registered at Police Station Rajouri Garden, Delhi for offences punishable under Section 307 of IPC and Sections 25/27/54/59 of Arms Act and all consequential proceedings emanating therefrom are quashed, subject to the petitioner depositing a sum of Rs. 15,000/- with Advocates Welfare Fund, Tis Hazari Courts, Delhi within a period of one week.

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 above, the petition along with pending application stands disposed of.

8.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 31, 2025/zp 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.