Vijay Kumar v. State (Govt. of NCT of Delhi) & Ors

O R D E R %

18.11.2024

¶1This petition has been filed seeking quashing of FIR No. 95/2024 PS Bindapur originally filed under Section 326 IPC; converted to Section 307 IPC at the stage of filing of charge-sheet. The quashing is sought on the basis of no objection given by respondent Nos.2 and 3 (complainants), who were the injured persons.

¶2Respondent Nos.2 and 3 are present in Court and duly identified by the IO, state that they know the petitioner, and that the issues arose out of an altercation between them. However, they had sustained certain injuries for which they have only been partly compensated.

¶3Counsel for petitioner, on instructions, has handed over another sum of Rs.50,000/- to the respondents / complainants, who are present in the Court today and have duly received the same, and submit that they have no This is a digitally signed order. objection to the FIR being quashed.

¶4Considering that the scuffle arose out of a private dispute which has since been amicably settled 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.95/2024 PS Bindapur originally filed under Section 326 IPC and proceedings emanating therefrom are quashed.

¶5Parties shall abide by the terms of settlement.

¶6Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

¶7Counsel for petitioner informs that petitioner is in judicial custody in this FIR.

¶8In light of the settlement between the parties, as noted above, petitioner be released from the jail, if not required in any other matter.

¶9Copy of order be sent to Jail Superintendent for information and compliance.

¶10Copy of order be given dasti under signature of Court Master.

¶11Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 18, 2024/sm/sc This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8588/2024 VIJAY KUMAR .....Petitioner Through: Mr. Sukhmeet Singh & Ms. Bandana Sharma, Advocates versus STATE (GOVT. OF NCT OF DELHI) & ORS. .....Respondents Through: Mr. Digam Singh Dagar, APP for the State with Insp. Rajpal Meena, SI Lalit Kumar and ASI Banai Singh, PS Bindapur. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL