Akash & ORS. v. State Through Sho Ps Raj Park & ANR.

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7603/2024 & CRL.M.A. 29022/2024 AKASH & ORS.

.....Petitioners Through:

Mr Brahmanand Gupta, Adv.

versus STATE THROUGH SHO PS RAJ PARK & ANR.

.....Respondents Through:

Mr Sunil Kumar Gautam, APP for State SI Jatin Kaushik, PS-Raj Park

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 27.11.2024 1.

This is a petition filed under section 528 of BNSS seeking quashing of FIR No.

508/2024, dated 27.07.2024 under Sections 118(1)/126(2)/351(2)/3(5) of BNS, registered at Police Station - Raj Park and consequential proceedings, if any, emanating therefrom. 2.

As per the FIR, an altercation took place between the parties wherein the petitioners threatened the respondent No.2 and also tried to stab him with a knife. The nature of injury caused to respondent no. 2 is stated to be 'Simple'.

3.

During the pendency of the proceedings, the parties have arrived at a settlement dated 09.08.2024 wherein the parties have resolved their disputes and the respondent No.2 has agreed that he will cooperate in quashing of the FIR. The respondent No.2 states that he does not wish to prosecute the FIR any further and wants to put a quietus to the entire matter. The petitioners The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

also regret their action and undertake to never repeat the same in future. 4.

The petitioners i.e. Mr. Akash (petitioner no.1), Mr. Himanshu (petitioner no. 2), Mr. Vishal (petitioner no. 3), Mr. Gaurav (petitioner no.4) are present in Court today and have been identified by their counsel Mr Brahmanand Gupta, Adv.

5.

The respondent No.2 i.e. Mr. Mohit is also present in Court and has been identified by the Investigating Officer SI Jatin Kaushik, PS-Raj Park. 6.

Both the parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion. It is stated by respondent No.2 that he has no objection if the FIR is quashed.

7.

Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings. 8.

However, I am of the view that considerable time of the police and judicial time has been wasted. The police machinery has been put in motion on account of the acts of commission & omission on behalf of the parties and useful time of the police which could have been utilised for important matters has been misdirected towards this case. Hence, the petitioners must pay some costs.

9.

For the reasons noted above, FIR No. 508/2024, dated 27.07.2024 under Sections 118(1)/126(2)/351(2)/3(5) of BNS, registered at Police Station - Raj Park and consequential proceedings, if any, emanating The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

therefrom are hereby quashed subject to payment of costs of Rs. 1,000/- by each petitioner to the respondent No.2 within a period of 04 weeks from today.

10.

The proof of payment of cost shall be filed in the Registry within 05 weeks and in case the same is not furnished, this file be put up before the Court.

11.

The petition is disposed of accordingly.

JASMEET SINGH, J NOVEMBER 27, 2024 sr 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.