Punit Raj Singh @ Puneet & ORS. v. The State Govt. Of NCT Of Delhi And ANR.

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3460/2024 & CRL.M.A. 33255/2024 PUNIT RAJ SINGH @ PUNEET & ORS.

.....Petitioners Through:

Mr. Jogender Singh and Mr. Anuj Kumar Lohia, Advocates with P-1, 2, 3 and 4 in person versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Rahul Tyagi, ASC (Crl.) for the State with Ms. Priya Rai, Mr. Sangeet Sibou and Mr.

Amit Rohilla, Advocates SI Ashish Panwar and SI Sanjeev, P.S. Ghazipur Mr. Sushil Kumar Singh, Advocate for R-2 (through VC) with Mr.

Mahipal Singh, R-2 in person

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 21.01.2025 CRL.M.A. 33255/2024 (for exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(CRL) 3460/2024 3.

The Petition has been filed under Article 226 of the Constitution of India seeking quashing of FIR No. 0204/2024 dated 06.06.2024 registered at Police Station (P.S.) Ghazipur, East Delhi for offences under Sections 308/34 of the Indian Penal Code, 1860 (IPC). The said FIR was registered W.P.(CRL) 3460/2024 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

on a complaint filed by Respondent No. 2.

4.

Petitioner Nos. 1, 2, 3 and 4 are present in Court and have been identified by the Petitioner's counsel as well as Investigating Officer (IO). 5.

Learned counsel for the Petitioner states that there is also a cross-FIR No. 0203/2024 dated 06.06.2024 registered at Police Station Ghazipur, East Delhi and with respect to the said cross FIR, separate quashing petition i.e., W.P.(CRL) 3430/2024 has been filed.

6.

Learned counsel for the parties state that the parties are neighbours and they have amicably resolved the matter with the intervention of friends. It is stated that the parties have been living as neighbours for last many years and have agreed to bury the hatchet.

7.

The parties are present in Court. This Court has interacted with the parties and they have confirmed the settlement. The complainant i.e. Respondent No. 2 as well is present in person and states that he has no objection to the FIR No. 0204/2024 being quashed. The complainant confirms that an affidavit in this regard was also filed by him. 8.

Keeping in view the nature of the dispute and the fact that the parties have amicably settled the dispute and considering the chances of conviction of the petitioner being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be misuse of the process of the Court and an unnecessary burden on the State exchequer. It will be nothing but abuse of the process of law. Further this Court is also of the considered opinion that it is a fit case to exercise discretionary jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 9.

Accordingly, the petition is allowed. Consequently, the FIR No. 0204/2024 dated 06.06.2024 registered at Police Station Ghazipur, East W.P.(CRL) 3460/2024 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Delhi for offences under Sections 308/34 of the IPC and proceedings emanating therefrom are quashed.

10.

Accordingly, the petition is disposed of.

11.

Pending applications (if any) is disposed of as infructuous. MANMEET PRITAM SINGH ARORA, J JANUARY 21, 2025/msh/ms Click here to check corrigendum, if any W.P.(CRL) 3460/2024 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.