Jugal & ORS. v. The State (Govt. Of NCT Of Delhi) & ORS.

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3982/2024 JUGAL & ORS.

.....Petitioners Through:

Ms. Santosh Dixit, Advocate versus THE STATE (GOVT. OF NCT OF DELHI) & ORS.

.....Respondents Through:

SI Dinesh Kumar, PS-Nand Nagri.

Ms.

Rupali Bandhupadhya, Mr.

Abhijeet Kumar, Advocates, ASC for the State

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 08.01.2025 1.

The present petition has been filed on behalf of the Petitioners under Article 226 of the Constitution of India seeking quashing of FIR No. 233/2015 dated 07.03.2015 registered at Police Station Nand Nagri for offences under Sections 324/341/34 of the Indian Penal Code, 1860 on the basis settlement deed dated 18.10.2024 which is on record of this Court. 2.

The Petitioners are present in Court today. They state that they have since unconditionally apologized to the Respondents for their behaviour and the parties have decided to bury their disputes. They state that parties have settled their disputes as recorded in the Settlement Deed dated 18.10.2024. 3.

Respondent no. 4 as well is present in Court and she has been identified by Petitioner's counsel as well as Investigating Officer (IO). The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Respondent no. 4 states that she does not wish to persue the proceedings arising out of present FIR and has no objection to the FIR being quashed. An affidavit in this regard was also filed by her. 4.

The confirmation and consent of Respondent nos. 2, 3 and 5 to 8 stands recorded vide order dated 20.12.2024.

5.

Keeping in view the nature of the dispute and the fact that the parties have amicably settled the dispute and considering the chances of conviction of the Petitioners being remote and bleak, this Court is, therefore, of the view that there is no use continuing with proceedings of the present FIR as it would be misuse of the process of the Court and an unnecessary burden on the State exchequer. Further this Court is also of the considered opinion that it is a fit case to exercise discretionary jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

6.

However, keeping in mind the fact that the FIR was registered in 2015 and the State machinery has been put to motion, ends of justice would be served if the petitioners are put to cost. The Petitioners are directed to make payment of a total cost of Rs.15,000/- to the Delhi High Court Bar Clerks' Association, through the Secretary. In this regard, an affidavit of compliance shall be filed within three weeks from today. 7.

In view of the above, the FIR No. 233/2015 dated 07.03.2015 registered at Police Station Nand Nagri for offences under Sections 324/341/34 of the Indian Penal Code, 1860 and proceedings emanating therefrom are quashed.

8.

Parties shall abide by the terms of settlement. 9.

Accordingly, the petition is disposed of in the aforesaid terms, subject to payment of cost of Rs. 15,000/-.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

Pending application is disposed of as infructuous. 11.

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J JANUARY 8, 2025/mt/ms 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.