Chahat Ram v. State Of N.C.T. Of Delhi And Another

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6411/2024 CHAHAT RAM .....Petitioner Through:

Mr. Faiz Imam, Advocate.

versus STATE OF N.C.T. OF DELHI AND ANOTHER .....Respondents Through:

Mr. Satinder Singh Bawa, Ld. APP for the State with SI Ram Kishan P.S.

Defence Colony.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 20.08.2024 CRL.M.A. 24526/2024 (Seeking Exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of accordingly.

CRL.M.C. 6411/2024 3.

The Petition under Section 528 of BNSS, 2023, has been filed by the petitioner for quashing of FIR No.0012/2021 dated 20.01.2021 under Section 279/337 IPC registered at Police Station Defence Colony. 4.

It is submitted that the petitioner has been convicted and sentenced under Section 279/338 IPC vide judgment dated 10.03.2023. However, thereafter with the intervention of the family friends and well wishers the matter stands compromised.

5.

The respondent No.2 has already received Rs.2.5 lakhs from MACT and a sum of Rs.1.5 lakhs through Demand Draft has also been paid to 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 23/08/2024 at 11:13:28

respondent No.2. Hence, it is submitted that in view of the Compromise between the parties, the FIR be quashed and the impugned Conviction and Sentence be suspended.

6.

The learned counsel for the petitioner has placed reliance on the judgment of Ram Gopal & Anr. vs. State of Madya Pradesh, 2022 (14) SCC 531.

7.

The respondent No.2 is present in person who has endorsed the Settlement arrived at between him and the petitioner and that the Settlement has been arrived at without any fear, force, pressure and coercion and admitted that he has already been paid Rs.1.5 lakhs by the petitioner in addition to Rs.2.5 lakhs received from MACT.

8.

Both the parties present in person submits that they shall be bound by the terms of the Settlement arrived at between them. The No Objection Certificate dated 05.08.2024 has also been filed by the respondent No.2. Therefore, the Petition be quashed.

9.

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

Accordingly, the FIR bearing No. 0012/2021 dated 20.01.2021 under Section 279/337 IPC registered at Police Station Defence Colony stands quashed and the impugned judgment dated 10.03.2023 convicting the petitioner under Section 279/338 IPC along with Order on Sentence dated 08.04.2024 is hereby set aside.

10.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J AUGUST 20, 2024/va 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 23/08/2024 at 11:13:28