Kuldeep Gupta & ANR. v. State Of NCT Of Delhi & ORS.

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9673/2024 CRL.M.A. 37126/2024 CRL.M.A. 37127/2024 KULDEEP GUPTA & ANR.

.....Petitioners Through:

Mr. Aditya Wadhwa & Mr. Siddharth Sunil, Advs. with petitioners in person versus STATE OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Aman Usman, APP for State SI Samyukta & ASI Surender PS South Campus Respondent nos. 2 - 4 are present in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 10.12.2024 1.

This petition has been filed seeking quashing of FIR No.206/2024 registered at P.S. South Campus, under Sections 290/106(1) of BNS, based on the settlement arrived at between the parties dated 4th December 2024, which is on record of this Court.

2.

Both petitioner nos.1 and 2 and respondent nos.2 to 4, who are legal heirs of deceased Dinesh Kumar, are present in the Court and are duly identified by IO and their respective counsel. 3.

FIR was registered due to an unfortunate incident on the night of 13th November 2024, when deceased Dinesh Kumar, working as a labourer on a building that was under demolition, apparently went up, and lost his balance and fell to his death.

4.

Counsel for petitioners states that the legal heirs of deceased Dinesh confirms that he was suffering from alcohol abuse. 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 02/07/2025 at 08:49:04

5.

Notwithstanding that respondents no.2 to 4, who are siblings of deceased Dinesh state that they have received an amount of Rs.1.30 lakhs from petitioners, which they have distributed among themselves. All of them are living their independent lives and earning their livelihoods, viz., one brother is working in Delhi, the other brother is in Bangalore and their sister is married and settled in Etah, U.P.

6.

In order to express their bona fides, petitioners are willing to pay an additional sum of Rs.1.30 lakhs which will be given during the course of the day to all the respondents no. 2 to 4, and which is to be shared equally by them.

7.

Respondents no. 2 to 4 states that they have no objection to quashing of the FIR.

8.

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.206/2024 registered at P.S. South Campus, under Sections 290/106(1) of BNS and proceedings emanating therefrom are quashed.

9.

Parties shall abide by the terms of settlement. 10.

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

11.

Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 10, 2024/sm/tk 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 02/07/2025 at 08:49:04