Rahul Dedha v. State Govt. Of NCT Of Delhi And ANR.

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8685/2024 RAHUL DEDHA .....Petitioner Through:

Mr. Varun Katiyar, Adv.

versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondent Through:

Mr. Digam Singh Dagar, APP for State with ASI Brijesh Kumar, PS New Ashok Nagar.

Ms. Jyoti, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 06.12.2024 1.

Pursuant to the previous order, the petitioner appears in-person and has paid an additional amount of Rs.1 Lac to the respondent No.2, who is also present in Court. This is in addition to the settlement which was arrived at, whereby, Rs.1.5 Lacs have already been paid to the respondent and has been received by them.

2.

Both parties are identified by the IO.

3.

This petition has been filed seeking quashing of FIR No.341/2024 dated 13th August 2024 registered at P.S. New Ashok Nagar, Delhi, under Sections 290/106 BNS on the basis of settlement arrived at between the parties vide Settlement Deed dated 14th August 2024, which is on record of this Court.

4.

Pursuant to order dated 6th November 2024 passed by this Court, wife 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 09/12/2024 at 12:55:03

of respondent no.2 (mother of the deceased child) appears before the Court and states that though she is not a party to the above Settlement Deed, she is aware of the same, and has no objection to the FIR being quashed. However, it is stated that they had warned the landlord about the dilapidated condition of the roof and, though he got the same repaired, the roof collapsed during rains which resulted in the unfortunate incident. 5.

In addition to the above payments, the petitioner makes a statement that as and when the respondent's family comes to Delhi, he shall provide them accommodation.

6.

Respondent No.2 and his wife being satisfied with the compensation of Rs.2.5 Lacs in total, which was increased post the settlement, and the additional statement of the petitioner, has no objection to the quashing of the said FIR.

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.341/2024 dated 13th August 2024 registered at P.S. New Ashok Nagar, Delhi under Sections 290/106 BNS and proceedings emanating therefrom are quashed. 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 DECEMBER 6, 2024/MK/kp 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 09/12/2024 at 12:55:03