Udai Pratap & Anr v. State NCT of Delhi & Ors

O R D E R %

19.11.2024

¶1This is a petition filed under section 482 Code of Criminal Procedure, 1973 seeking quashing of FIR No. 455/2017, dated 06.11.2017, registered at PS Harsh Vihar, Delhi under sections 323/451/354/34 IPC, 1860 and section 8 of the POCSO Act and all consequential proceedings emanating therefrom.

¶2The facts are that an altercation took place between the petitioners and the respondents on the issue of a drainage system resulting in an overflow of water from the drains outside the houses of the petitioner and the respondents.

¶3Both the parties regret their actions and undertake to never repeat the same in future.

¶4During the pendency of the proceedings, the parties have executed a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. settlement deed on 23.04.2024, whereby all the disputes between the parties have been settled.

¶5Petitioner No. 1 and 2, namely Sh Uday Pratap and Sh Avadh Kishore are present in Court and are identified by their counsel Mr. Ashok Thugal, Adv. Respondent no.2/complainant i.e. Ms. Kusum Sharma is present in Court and is identified by her counsel Mr. Saurabh Jana, Adv. and IO Shiv Dayal, PS Harsh Vihar

¶6The complainant/Ms. Kusum Sharma has no objection if her name is reflected in the ordersheet.

¶7I am satisfied that the settlement is valid.

¶8The parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion.

¶9Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure the ends of justice. This court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings.

¶10For the reasons noted above, FIR No. 455/2017, dated 06.11.2017, registered at PS Harsh Vihar, Delhi under sections 323/451/354/34 IPC, 1860 and section 8 of the POCSO Act and all consequential proceedings emanating therefrom are hereby quashed subject to each of the petitioners depositing a sum of Rs. 2,000/- as costs with DHCLSC within 4 weeks from today, as the petitioners have consumed the valuable time of the police over trivial issues. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶11The proof of payment shall be placed on record within 5 weeks from today, failing which the file shall be put up before the Court.

¶12The petition is disposed of accordingly. JASMEET SINGH, J NOVEMBER 19, 2024/DM 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.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5845/2024 UDAY PRATAP & ANR. .....Petitioners Through: Mr. Ashok Thagal, Adv. versus STATE NCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjeev Sabharwal, APP with SI Shiv Dayal Kumar, PS Harsh Vihar Mr. Saurabh Jana, Adv. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH