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High Court of DelhiCRL.M.C./10201/2024

Kanak Basunia v. The State Govt. Of NCT Of Delhi And ANR.

2024-12-24Hon'Ble Mr. Justice Anish Dayal2 pages

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10201/2024 CRL.M.A. 39115/2024 KANAK BASUNIA .....Petitioner Through:

Mr. Mansoor Ansari, Adv.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR ...Respondents Through:

Mr. Satinder Singh Bawa, APP for State with SI Sandeep, PS Malviya Nagar.

Complainant in person.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 24.12.2024 1.

This petition has been filed seeking quashing of FIR No. 640/2016 registered at P.S Malviya Nagar, Delhi under Section 354 IPC, based on no objection by complainant dated 12th January 2018, where she stated that petitioner had unconditionally apologised, she does not wish to pursue this case any further.

2.

Petitioner no.1 is present in Court, while respondent no. 2 is appearing through VC, and are duly identified by IO and their respective counsel. Respondent No. 2 confirms that she does not want to pursue the case any further.

3.

Accordingly, FIR is quashed subject to him paying Rs. 5,000/- to The Secretary, Delhi High Court Bar Clerks' Association, Delhi within a period 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 11:58:14

of two weeks. Affidavit of compliance to 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. 640/2016 under Section 354 IPC registered at P.S Malviya Nagar, 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 24, 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 11:58:14