Narender @ Narender Singh Dhaila And ANR v. State NCT Of Delhi And ORS.

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8435/2024 CRL.M.A. 32190/2024 CRL.M.A. 32191/2024 NARENDER @ NARENDER SINGH DHAILA AND ANR .....Petitioners Through:

Mr. Udai Pal Chaudhary, Adv. with petitioners in person versus STATE NCT OF DELHI AND ORS.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP for State & SI Rishi Kant Mishra, PS V K North Mr. Sanjay Sharma, Adv. for R-2 to 5 with R-2 to 5 in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 26.11.2024 1.

This petition seeks quashing of FIR No.0434/2016, registered under Sections 308/323/34 IPC at P.S. Vasant Kunj North, New Delhi, on the basis of a settlement arrived at between the parties dated 2nd September 2024, which is on record of this Court. It is informed by the counsel for petitioner that a cross FIR, being FIR No.437/2016, has also been filed at P.S. Vasant Kunj North arising out of an altercation between parties. It is further informed that quashing petition for the cross FIR has not yet been filed.

2.

As per the settlement, parties have agreed to cooperate in quashing both the FIRs through an amicable resolution of their disputes. 3.

Petitioner nos. 1 and 2 and respondent nos.2 to 5 are present in the Court and are duly identified by the IO and their respective counsels. 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 29/11/2024 at 12:48:15

Petitioners and complainants reside in the same locality and had some business transactions between them.

4.

Respondent nos. 2 and 3, who are present before the Court, state that they have no objection to quashing of FIR in view of the settlement; however, they plead that some compensation be given to them towards medical expenses incurred by them due to injuries sustained by them during the incident.

5.

APP for the State points out that as per MLC respondent no.3 Sh. Sanjeet Kumar sustained grievous injuries, while other two respondents sustained minor injuries.

6.

Petitioners have agreed to jointly pay a sum of Rs.50,000/- to respondent nos. 2 to 4 towards the injuries sustained by them, within a period of 15 days from today. Compliance affidavit shall be filed and placed on record within a week thereafter.

7.

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.434/2016, registered under Sections 308/323/34 IPC at P.S. V.K. North, New Delhi and proceedings emanating therefrom are quashed. 8.

Parties shall abide by the terms of settlement. 9.

Accordingly, the petition is disposed of. Pending applications are disposed of as infructuous.

10.

Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 26, 2024/sm/tk 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 29/11/2024 at 12:48:15