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High Court of DelhiW.P.(CRL)/3735/2024

Amit Kumar v. State NCT Of Delhi & ANR.

2024-11-29Hon'Ble Mr. Justice Anish Dayal2 pages

$~74 & 75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3735/2024 CRL.M.A. 35851/2024 AMIT KUMAR .....Petitioner Through:

Mr. Ripudaman Bhardwaj advocate with Abhinav Bhardwaj and petitioner in person.

versus STATE NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Sanjeev Bhandari, ASC for State with Ms. Charu Sharma, Mr. Arijit Sharma, Mr. Vaibhav Vats and Mr.

Nikunj Binda, Advocates with SI Sachin, PS Pandav Nagar.

+ W.P.(CRL) 3740/2024 CRL.M.A. 35894/2024 ROHAN KAUSHIK AND ORS .....Petitioner Through:

Mr. Ripudaman Bhardwaj advocate with Abhinav Bhardwaj and petitioner in person.

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

Mr. Sanjeev Bhandari, ASC for State with Ms. Charu Sharma, Mr. Arijit Sharma, Mr. Vaibhav Vats and Mr.

Nikunj Binda, Advocates with SI Sachin, PS Pandav Nagar.

Mr. Amit Sharma, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 29.11.2024 1.

These petitions have been filed seeking quashing of FIR No. 251/2024 under Sections 307/323/341/34 IPC, P.S. Pandav Nagar and FIR No. 253/2024 under Sections 323/324/341/34, P.S. Pandav Nagar, basis settlement deed dated 18th September 2024.

2.

The petitioners and the complainants in both these matters are present 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 03/12/2024 at 10:26:33

before this Court and are duly identified by the IO and their respective counsels.

3.

It is stated that the cross-FIRs were registered, on the basis of an altercation which had occurred on 20th May 2024, resulting from an issue relating to a motorcycle. The parties are all young in age and they have resolved their disputes amicably.

4.

All the parties have undertaken to do a bhandara for poor children at Krishna Rattan Sports Academy, Near Pillar No.297, Upcoming Metro Station Jharoda, Gali No.2, Sangam Vihar, Wazirabad, Delhi-110054, within four weeks from today.

5.

Compliance affidavit be filed within two weeks after the said bhandara along with photographs.

6.

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 FIRs 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. 251/2024 under Sections 307/323/341/34 IPC, P.S. Pandav Nagar and FIR No. 253/2024 under Sections 323/324/341/34, P.S. Pandav Nagar, and proceedings emanating therefrom are quashed.

7.

Parties shall abide by the terms of settlement. 8.

Accordingly, the petitions are disposed of. Pending applications (if any) are disposed of as infructuous.

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 29, 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 03/12/2024 at 10:26:33