Bhanwer Singh & ORS. v. The State Goverment Of NCT Of Delhi Through Sho Ps. Bawana Delhi & ANR.

$~101 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BHANWER SINGH & ORS.

.....Petitioners Through:

Mr. Ajay Kumar, Adv.

(through VC) All the petitioners in person.

versus THE STATE GOVERMENT OF NCT OF DELHI THROUGH SHO PS. BAWANA DELHI & ANR.

.....Respondents Through:

Mr. Anand V. Khatri, ASC for the State with SI Madhav, PS Bawana.

Mr.

Mayank Shokeen, Adv. for R-2.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 04.10.2024 CRL.M.A. 29873/2024 (exemption from filing certified copies of the documents) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

3.

The present petition is filed seeking quashing of FIR No. 623/2024 dated 22.09.2024, registered at Police Station Bawana, for offences under Sections 115(2)/126(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS'). The FIR was registered on a complaint made by Respondent No. 2. The chargesheet has been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

filed in the present case.

4.

It is alleged that Respondent No.2 had stopped to watch a rehearsal for a play when he heard Petitioner No.1 (neighbour of Respondent No.2) talking about disrupting the same. It is alleged that when Respondent No.2 objected to the same, Petitioner No.1 started abusing him and called Petitioner Nos. 2 and 3 (sons of Petitioner No.1) to the spot. It is alleged that when Respondent No.2 tried to leave, Petitioner Nos. 2 and 3 blocked his way and the petitioners gave him beatings. Respondent No.2 sustained certain injuries during the incident. The incident led to the registration of the aforementioned FIR.

5.

The learned counsel for the petitioner submits that the altercation took place due to a misunderstanding and the parties have since amicably resolved their dispute.

6.

He submits that the petitioners have tendered an unconditional apology for their behaviour and they undertake to not indulge in such activities in the future. 7.

The present petition has been filed on the ground that the parties have amicably settled all their disputes by way of Settlement Deed dated 27.09.2024, with the intervention of family friends, well-wishers and elders, of their own free will, without any force, fraud or pressure.

8.

The parties are present in Court and have been duly identified by the Investigating Officer.

9.

Respondent No.2, on being asked, states that he does not wish to pursue the proceedings arising out of the present FIR and he has no objection if the same is quashed.

10.

He states that he has no remaining grievance against the petitioners and he is satisfied with the apology tendered by them. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

Offences under Sections 115(2)/126(2) of the IPC are compoundable in nature.

12.

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. 13.

Keeping in view the nature of dispute and that the parties have amicably entered into a settlement, this Court feels that no useful purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court.

14.

In view of the above, FIR No. 623/2024 and all consequential proceedings arising therefrom are quashed. 15.

The present petition is allowed in aforesaid terms. AMIT MAHAJAN, J OCTOBER 4, 2024 "SS"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.