Sumit & ORS. v. State NCT Of Delhi & ORS.

$~74 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6445/2024 SUMIT & ORS.

.....Petitioners Through:

Mr. M.P. Kasana, Adv.

(through VC) All the petitioners in person.

versus STATE NCT OF DELHI & ORS.

.....Respondents Through:

Ms. Meenakshi Dahiya, APP for the State with SI Nitin Tomar, PS Timarpur.

R-2, 3 and 4 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 09.12.2024 1.

The present petition is filed seeking quashing of FIR No. 0044/2018 dated 02.03.2018, registered at Police Station Timarpur, for offences under Sections 323/341/506/34 of the Indian Penal Code, 1860 ('IPC'), including all consequential proceedings arising therefrom. The said FIR was registered on a complaint filed by Respondent No. 2.

2.

Charge sheet has been filed in the present case under Sections 323/341/506/325/34 of the IPC.

3.

It is averred that the parties are related to each other and also reside within the same locality. It is alleged that a scuffle took place between the parties on account of a petty dispute, due to which Respondent Nos. 2 - 4 sustained injuries. 4.

The present petition is filed on the ground that the matter has amicably been settled between the parties by way of Settlement Deed dated 16.08.2024, of their own free will, without any pressure, coercion, threat and undue influence. 5.

The parties are present in person in Court today and have been duly identified by the Investigating Officer. 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 01/07/2025 at 10:10:43

6.

Respondent No.2-4, on being asked, state that they do not wish to pursue the proceedings arising out of the present FIR, and have no objection if the proceedings are quashed. 7.

It is stated that during the pendency of the present case, one of the injured namely Pratap Singh expired due to illness. 8.

Offences under Sections 323/341/506/325 of the IPC are compoundable in nature.

9.

This Court is of the opinion that no useful purpose would be served by relegating the parties to the learned Trial Court for filing an application to compound the offence. 10.

Keeping in view the aforesaid principle, the nature of the dispute and the fact that the parties have amicably entered into a settlement, this Court feels that no purpose would be served by relegating the parties to the learned Trial Court for filing an application to compound the offence.

11.

However, keeping in mind the fact that the State machinery has been put to motion, ends of justice would be served if the petitioners are put to cost.

12.

In view of the above, FIR No. 0044/2018 and all consequential proceedings arising therefrom are quashed, subject to payment of cost of ₹20,000/- by the petitioners (₹5,000/- by each petitioner) to be deposited with Delhi Police Welfare Society within a period of eight weeks from date. 13.

Let the proof of deposit of cost be deposited with the concerned SHO.

14.

The present petition is allowed in the aforesaid terms. AMIT MAHAJAN, J DECEMBER 9, 2024/'KDK'

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 01/07/2025 at 10:10:43