Naresh Kumar Bansal v. State Of NCT Of Delhi

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.

6452/2024, CRL.M.A.

24666/2024 & CRL.M.A.

24667/2024 NARESH KUMAR BANSAL .....Petitioner Through:

Mr. Alok Bhachawat and Mr. Ishan Jain, Advs.

versus STATE OF NCT OF DELHI .....Respondent Through:

Mr. Aman Usman, APP for the State.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 20.08.2024 1.

This petition has been filed seeking quashing of FIR No. 421/2021 PS Subzi Mandi under Sections 354A/509/323 IPC on the basis of settlement arrived at between the parties on 15th April, 2024, which is on record of this Court. Petitioner and Respondent No.2/complainant appears in Court and duly identified by the IO. Respondent No.2 states that she does not wish to pursue the FIR proceedings considering that the issues have been resolved. There is a background of a civil dispute as well on the tenancy, in which decree had been passed.

2.

The APP for the State points out that charges have been framed in the matter.

3.

The petitioner shall deposit a cost of Rs.10,000/- to the Delhi Police Welfare Fund within a period of 2 weeks from today. An affidavit of deposit 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 28/08/2024 at 12:26:13

compliance will also be filed within two weeks thereafter. 4.

As per the settlement agreement, the petitioner is to pay Rs.45,000/- of the settlement amount to the respondent No.2. The settlement also relates to another FIR No.35/2021 under Sections 354A/509 IPC and Section 8 POCSO Act, PS Subzi Mandi. The said issues will be considered at that stage when the petition has been presented.

5.

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. 421/2021 PS Subzi Mandi under Sections 354A/509/323 IPC and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

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

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 20, 2024/MK 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 28/08/2024 at 12:26:13