Sonu Verma & ANR. v. The State (Govt Of NCT Of Delhi) & ORS.

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8630/2024 CRL.M.A. 33001/2024 CRL.M.A. 33002/2024 SONU VERMA & ANR.

.....Petitioners Through:

Mr. R P S Bhatti, Adv. with petitioners in person versus THE STATE (GOVT OF NCT OF DELHI) & ORS. .....Respondents Through:

Mr. Hitesh Vali, APP for State SI Pankaj Kumar PS Jyoti Nagar Mr H K Dhariwal & Mr/ R S Rathi, Advs. for R-2 & 3 with R-2 & 3 in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 04.11.2024 1.

This petition has been filed seeking quashing of FIR No.427/2016 registered at PS Jyoti Nagar, Delhi under Sections 308/34 IPC on the basis of a compromise arrived at between the parties dated 28th October 2024, which is on record of this Court.

2.

Petitioner nos. 1 and 2 and respondent nos.2 and 3 are present in Court and are duly identified by IO and the respective counsels. Counsels for complainants states that parties are neighbours and the issue arouse out of an altercation which has since been resolved. 3.

APP for the State however objects to quashing stating that trial is almost complete and MLCs indicate injury on parietal side including stitches.

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 06/11/2024 at 12:02:39

4.

On a query, complainants state the issue arose out of an altercation which has since been resolved with intervention with senior members of the community and they have received compensation amount of Rs.2 lakhs from petitioners and have no objection to quashing of the FIR. 5.

Considering that it was a private dispute which stands settled between the parties, 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. 6.

Consequently, the FIR No.427/2016 registered at PS Jyoti Nagar, Delhi under Sections 308/34 IPC and proceedings emanating therefrom are quashed, subject to petitioners depositing costs of Rs.25,000/- each with Delhi Police Welfare Fund within 2 weeks from now. Affidavit of compliance be filed within 2 weeks thereafter. 7.

Parties shall abide by the terms of settlement. 8.

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

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 4, 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 06/11/2024 at 12:02:39