Pradeep Singh Tomar & ORS. v. State Of NCT Of Delhi & ANR.

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7640/2024 PRADEEP SINGH TOMAR & ORS.

.....Petitioners Through:

Mr. Vinod Sharma, Mr. Alok Sinha, Mr. Akash and Mr. D.S.Tomar, Advs.

versus STATE OF NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Amit Ahlawat, APP for State with Mr. Daljeet Singh, Advocate.

SI Saurabh, PS Neb Sarai.

Mr. Mridul Bakshi, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 19.11.2024 1.

This petition has been filed seeking quashing of FIR No. 486/2016 PS Neb Sarai under Sections 397/308/34 IPC basis a purported settlement arrived at between the parties on 09th September, 2024. 2.

The complainant is present before the Court and states that the petitioners were relatives and there were inter se disputes and accordingly in that context the incident occurred, which they have now resolved with the intervention of the seniors of the family.

3.

Petitioner nos. 1 to 4 and respondent no.2 are present and are duly identified by the IO and their respective counsels. 4.

Respondent no.2 states that petitioners are his relatives and with the intervention of the seniors family members, the dispute stands amicably resolved between them and as such he has no objection to the FIR being quashed.

5.

It is submitted that cross FIR being FIR No. 734/2016 PS Neb Sarai 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 21/11/2024 at 12:20:03

stands compounded by order of the Trial Court, dated 23rd September 2024. 6.

Accordingly, 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. 7.

Consequently, the FIR No. 486/2016 PS Neb Sarai under Sections 397/308/34 IPC and proceedings emanating therefrom are quashed subject to payment of fine of Rs.15,000/- each to be deposited by the petitioners with Saket Bar Association Welfare Fund within a period of 2 weeks from today. Affidavit of compliance be filed within a week thereafter. 8.

Parties shall abide by the terms of settlement. 9.

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

10.

Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 19, 2024/sm 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 21/11/2024 at 12:20:03