Vipin Kumar & ANR. v. The State Govt. Of NCT Of Delhi And ANR.

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8532/2024 VIPIN KUMAR & ANR.

.....Petitioners Through:

Mr. Subhash Solanki, Mr. Bhaskar Vashisht, Advs.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Pradeep Gahalot, APP for the State with SI Sachin Panwar, PS Fatehpur Beri.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 28.10.2024 CRL.M.A. 32571/2024 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 8532/2024

1. The present petition has been filed seeking quashing of FIR No.535/2021 under 308/452/34 IPC registered at PS Fatehpur Beri on the basis of settlement.

2. It has been stated that parties are residing in the same locality and are neighbors to each other.

3. Parties are entered into settlement vide MOU dated 27.06.2024 on the following terms and conditions;

1.That the First Party and the Second Party have compromised all their disputes and misunderstanding and with the intervention of well wishers and friends without any threat, pressure, inducement, promise and coercion.

2. That the Second Party shall appear before the Hon'ble High 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 04/11/2024 at 11:07:22

Court of Delhi at the time of hearing of quashing petition which shall be filed in respect of quashing of FIR No.535/2021, registered U/s. 308/452//34 IPC at P.S. Fatehpur Beri and Second Party shall give statement in the Hon'ble High Court for the purposes mentioned above.

4. Parties are present in the court and have duly been identified by the IO. They submit that they have entered into settlement voluntarily without fear, force or coercion. Further, Respondent no. 2 states that he has no objection if the FIR No.535/2021 under 308/452/34 IPC registered at PS Fatehpur Beri and all proceedings emanating therefrom are quashed.

5. Since the dispute is predominantly private in nature and the parties have settled all the disputes amicably, in the interest of justice it would be better to put a quietus to the dispute. The chances of conviction would also be bleak and remote, given that the parties do not wish to pursue the present complaint on account of the settlement. I do not see any reason to reject the settlement.

6. Taking into account the totality of facts and circumstances, FIR No.535/2021 under 308/452/34 IPC registered at PS Fatehpur Beri and all proceedings therefrom are quashed.

7. Present petition along with all pending applications if any stands disposed of.

DINESH KUMAR SHARMA, J OCTOBER 28, 2024 Pallavi/smg 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 04/11/2024 at 11:07:22