Harender Kumar Sangwan v. State Of NCT Delhi

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3886/2024 HARENDER KUMAR SANGWAN .....Petitioner Through:

Advocate (appearance not given) versus STATE OF NCT DELHI & ORS.

.....Respondents Through:

Mr. Anand V Khatri with SI Amit Kumar, PS Dwarka South

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 16.04.2025 [Physical Hearing/Hybrid Hearing (as per request)] CRL.M.A. 11350/2025 (for modification of order dated 13.12.2024) 1.

Vide order dated 13.12.2024, the predecessor bench allowed the writ petition and quashed FIR No. 388/2021 of Police Station Dwarka (South) for offence under Sections 354D/506/509 IPC on the basis of settlement arrived at between the petitioner and respondents no. 2 and 3. As reflected from order dated 13.12.2024, the petitioner also tendered unconditional apology for his behaviour and also undertook not to indulge in any such activity in future. As further reflected from order dated 13.12.2024, respondents no. 2 and 3 expressed satisfaction with the unconditional apology of the petitioner and stated that they do not wish to pursue the proceedings.

2.

Under these circumstances, the predecessor bench quashed the FIR No. 388/2021 subject to payment of costs of Rs. 10,000/- by the petitioner to be deposited with the Delhi Police Welfare Society. 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 17/04/2025 at 12:55:52

3.

Till date, cost has not been deposited.

4.

Through this application, the petitioner seeks deletion of para 7 of order dated 13.12.2024 or modification thereof. It is submitted on behalf of the petitioner that para 7 of order dated 13.12.2024, which records unconditional apology of the petitioner and acceptance thereof by respondents no. 2 and 3 would be prejudicial to some litigation initiated by him against some police officers.

5.

As regards delay in filing this application, learned counsel for petitioner seeks and is allowed to file affidavit of petitioner disclosing the date when he applied for certified copy and the date when he received the same.

6.

Secondly, learned ASC also seeks time to examine as to whether in the present circumstances, the FIR and the proceedings can be revived in accordance with law.

7.

Since the unconditional apology tendered by the petitioner before the predecessor bench was accepted by the victims (respondents no. 2 and 3), notice of this application be issued to them as well, subject to the petitioner taking steps within one week.

8.

In the meanwhile, petitioner is granted last opportunity to deposit cost dated 13.12.2024 within one week, failing which petitioner shall be liable to deposit further costs of Rs. 10,000/- with DHCLSC. 9.

Re-list on 08.07.2025.

GIRISH KATHPALIA, J APRIL 16, 2025 'rs'

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 17/04/2025 at 12:55:52