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High Court of DelhiCRL.M.C./10050/2024

Mukesh Kumar Srivastava v. The State Govt. Of NCT Of Delhi And ANR.

2024-12-20Hon'Ble Mr. Justice Anish Dayal2 pages

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10050/2024 CRL.M.A. 38516/2024 MUKESH KUMAR SRIVASTAVA .....Petitioner Through:

Mr. Jai Subhash Thakur, Adv.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondent Through:

Mr. Amit Ahlawat, APP for the State with SI Sandeep, PS Punjabi Bagh with SI Ankur, PS Tilak Nagar.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 20.12.2024 1.

This petition has been filed seeking quashing of FIR No. 897/2021 dated 29th September, 2021 registered at PS Punjabi Bagh, under Sections 308/34 IPC basis no objection given by respondent No.2. 2.

Petitioner and respondent No.2 are present before this Court and duly identified by the IO.

3.

Respondent No.2 states that the petitioner lives close by, and they have resolved their issues which arose out of an altercation. However, he had sustained some simple injuries for which he has spent on treatment which has not been compensated.

4.

The petitioner undertakes to pay an amount of Rs.15,000/- to the respondent No.2 within two weeks from today.

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 23/12/2024 at 12:07:03

5.

Confirmation of the receipt of the amount supported by an affidavit shall be placed on record of this Court within two weeks thereafter. 6.

Subject to the compliance, the FIR is being 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. 8.

Accordingly, the petition is allowed. Consequently, the FIR No. 897/2021 dated 29th September, 2021 registered at PS Punjabi Bagh, under Sections 308/34 IPC and proceedings emanating therefrom are quashed. 9.

Parties shall abide by the terms of settlement. 10.

Accordingly, the petition is disposed of. Pending application is disposed of as infructuous.

11.

Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 20, 2024/MK/sc 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 23/12/2024 at 12:07:03