Rohan v. The State Govt Of NCT Of Delhi And ORS

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3581/2023 ROHAN ..... Petitioner Through:

Mr. Meer Hasan, Advocate versus THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondents Through:

Mr. Sanjay Lao, Standing Counsel for the State with Mr. Abhinav Kumar and Ms. Priyam Agrawal, Advocates and with IO, P.S. Palam Village.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 29.01.2024 1.

The present petition under Article 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been instituted on behalf of the petitioner seeking quashing of FIR bearing No. 690/2023, registered at Police Station Palam Village, Delhi for offence punishable under Section 307 of the Indian Penal Code, 1860 („IPC‟).

2.

Issue notice. Mr. Sanjay Lao, learned Standing Counsel accepts notice on behalf of the State.

3.

Petitioner is present before this Court and has been identified by his counsel Mr. Meer Hasan and Investigating Officer (IO) from Police Station Palam Village, Delhi.

4.

Brief facts of the case as per the petition are, that on 02.11.2023, the petitioner and respondents were having dinner at their mother‟s house and petitioner and respondents were in alcohol and some little quarrel had taken 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 30/07/2024 at 12:57:04

place between the brothers (petitioner and respondents) and in the heat of the movement the all incident had take place. On the complaint of respondent no. 2& 3, an FIR was registered against the petitioner. It is also stated by respondent no.2 and 3 that the entire dispute has been amicably settled between the parties vide Settlement Deed dated 24.11.2023. 5.

On a query made by this Court, respondent no.2 and 3 who have been identified by the IO, has categorically stated that they have entered into 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 the parties vide Settlement Deed dated 24.11.2023 entered into between them.

6.

In view of the above fact that the parties have amicably resolved their differences 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. 7.

Accordingly, FIR bearing No. 690/2023, registered at Police Station Palam Village, Delhi for offence punishable under Section 307 of IPC and all consequential proceedings emanating therefrom are quashed. 8.

The petition stands disposed of.

9.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 29, 2024/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. The Order is downloaded from the DHC Server on 30/07/2024 at 12:57:04