Ashok Kumar v. The State Govt Of NCT Of Delhi And ANR

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1/2025 ASHOK KUMAR & ORS.

.....Petitioners Through:

Mr. Himansh Vashisth, Advocate with petitioners in person versus THE STATE GOVT OF NCT OF DELHI AND ANR ...Respondents Through:

Mr. Pradeep Gahalot, APP for State SI Inderjeet, PS Jaitpur R-2 to 4/ complainants in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 07.01.2025 CRL.M.A. 17/2025 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CRL.M.C. 1/2025 1.

This petition has been filed seeking quashing of FIR No.l19/2017 under Sections 323/452/506/34 IPC registered at P.S. Jaitpur on the basis of a settlement arrived at between the parties dated 21st September 2024, which is on record of this Court.

2.

Petitioner nos.1-4 and respondent nos. 2 to 4 (complainants) are present in Court and are duly identified by IO and the respective counsel. 3.

Respondent nos. 2 to 4 state that they have no objection to quashing the FIR since the petitioners are their neighbours and the issue arose out of a private dispute which has since been amicably settled between them. 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 24/01/2025 at 15:10:10

4.

APP for the State however objects to quashing on the ground that the charge-sheet was filed way back in 2018 and quashing petition is being filed at this belated stage and the State machinery has been involved for this considerable period of time.

5.

Towards community service, petitioners undertake to distribute 100 woollen blankets among underprivileged children/families in their neighbourhood or in their locality within a period of 3 days from today. 6.

Receipts of the purchase of 100 woollen blankets along with photographs of distribution, will be placed through an affidavit of compliance to be filed within a week thereafter. 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. Accordingly, the petition is allowed. Consequently, the FIR No.119/2017 under Sections 323/452/506/34 IPC registered at P.S. Jaitpur, Delhi and proceedings emanating therefrom are quashed, subject to compliance of the above undertaking and filing of compliance affidavit. 8.

Parties shall abide by the terms of settlement. 9.

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

10.

Order be uploaded on the website of this Court. ANISH DAYAL, J JANUARY 7, 2025/sm/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 24/01/2025 at 15:10:10