Gagan Kumar@Sunny v. State NCT Of Delhi & ANR.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10162/2024 CRL.M.A. 38996/2024 GAGAN KUMAR@SUNNY .....Petitioner Through:

Mr. S.S. Bhati, Advocate along with petitioner.

versus STATE NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Amit Ahlawat, APP for the State with Ms. Babita Ahlawat, and with SI Ms. Shiwangi, PS: Barakhamba Road.

Mr. Mahipal Singh, Advocate for R-2 alongwith R-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 23.12.2024 CRL.M.A. 38996/2024(Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 10162/2024 1.

This petition has been filed seeking quashing of FIR No. 149/2024 registered at P.S Barakhamba Road, Delhi under Sections 354A/354D/ 506 IPC on the basis of settlement arrived at between the parties dated 08th October 2024, which is on record of this Court. 2.

Petitioner no.1 and respondent no. 2 (complainant) are present in Court and are duly identified by IO and the respective counsels. Respondent no.2 has no objection to the quashing of the FIR.

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 30/12/2024 at 11:58:10

3.

Considering the allegations which were made in the FIR, this Court considers it fit to quash the said petition, subject to costs of Rs. 25,000/- to be paid by the petitioner, to be deposited to Chhanv Foundation, Bank NameKotak Mahindra Bank, A/C 5213224861, IFSC Code-KKBK0000214, Branch-G39, Connaught Circus, New Delhi, Email Id: chhanvfoundation@ gmail.com, Contact No: +91 9452909005 within a period of three weeks. Affidavit of compliance be filed within two weeks thereafter. 4.

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. 149/2024 under Sections 354A/354D/506 IPC registered at P.S Barakhamba Road, Delhi and proceedings emanating therefrom are quashed. 5.

Parties shall abide by the terms of settlement. 6.

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

7.

Order be uploaded on the website of this Court. ANISH DAYAL, J DECEMBER 23, 2024/RK/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 30/12/2024 at 11:58:10