Ravi Shankar & ANR. v. State & ANR.

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1804/2005, CRL.M.A. 20364/2024 RAVI SHANKAR & ANR.

.....Petitioner Through:

Mr.

Madhav Khurana and Mr.

Vignasaj, Advocates versus STATE & ANR.

.....Respondents Through:

Mr. Jitendra Kumar Tripathi, ASC for NDMC

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 15.07.2024 1.

Petition under Section 482 Cr.P.C has been filed for setting aside the impugned Order dated 05.12.2003 passed by the learned MM in the case titled "NDMC versus Sunil Bharti and Others" under Section 252 read with Section 369(1) of the New Delhi Municipal Council Act, 1994. 2.

While the present Petition as pending, the parties compounded this case vide Order dated 03.06.2024 and the petitioner has deposited the dues on 24.06.2024 in compliance thereof, which is not disputed on behalf of the respondent.

3.

The petitioner has placed reliance on Gian Singh Vs. State of Punjab and Another wherein it is observed as under:

"58....

However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly 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 18/07/2024 at 14:05:22

relating to dowry, etc. or the family dispute, where the wrong is basically to the victim and the offender and the victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated." 4.

In view of the Law cited above, compounding of the present Petition is allowed. The compounding fee/fine has already been deposited and Petition under Section 252 read with 369 NDMC Act filed on behalf of the respondent is hereby quashed. The Petition is accordingly disposed of. NEENA BANSAL KRISHNA, J JULY 15, 2024/PT 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 18/07/2024 at 14:05:22