Abhinav@Kumar Abhinav & ANR. v. State NCT Of Delhi & ANR.
$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9181/2024 ABHINAV@KUMAR ABHINAV & ANR.
.....Petitioner Through:
Mr. Devvrat Sharma , Mr. Sarthak Mann, Mr. Ishan Garg, Advocates.
versus STATE NCT OF DELHI & ANR.
.....Respondent Through:
Mr. Digam Singh Dagar, APP for State.
Mr. Vikram Pratap Singh, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 25.11.2024 1.
This petition has been filed seeking quashing of FIR No.100/2015 registered at PS. Patel Nagar under Sections 323/341/354A/354D/509/34 IPC on the basis of settlement arrived at between the parties dated 9th October, 2024.
2.
Petitioner No.1 & 2 and respondent No.2 are present in the Court, duly identified by IO and the respective counsels. 3.
Respondent No.2 states that she has no objection to the quashing of FIR. However, APP for State raises an issue that FIR being registered in 2015 and much has been proceeded ahead since.
4.
Accordingly, in these circumstances, petitioners shall pay a cost of Rs.25,000/- each to Delhi High Court Staff Welfare Fund, New Delhi through 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 28/11/2024 at 12:05:22
the Secretary, within a period of three weeks. 5.
Affidavit of compliance to be filed within two weeks thereafter with the a copy to IO.
6.
Subject to the cost being paid, this FIR stands quashed. 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. 100/2015 under Sections 323/341/354A/354D/509/34 IPC registered at P.S. Patel Nagar 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 NOVEMBER 25, 2024/ak/tk Click here to check corrigendum, if any 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 28/11/2024 at 12:05:22