Ravinder Kumar v. State Govt. of NCT of Delhi and Anr

O R D E R %

19.11.2024 CRL.M.A. 34524/2024 (Exemption).

¶1Exemption allowed subject to just exceptions.

¶2The application stands disposed of. CRL.M.C. 9020/2024.

¶1The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS) has been filed by the petitioner praying for quashing of FIR bearing No. 163/2016 dated 3rd April, 2016 registered at Police Station - Jaitpur, for offences punishable under Sections 341/354/354A/509 of the Indian Penal Code, 1860 (hereinafter "IPC").

¶2The petitioner is present before this Court and has been identified by his counsel Mr. Vikram Singh Yadav and Investigating Officer SI Vijay Kumar, Police Station Jaitpur. The respondent No.2/complainant is also present before the Court (through Video Conferencing) and has been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. identified by her counsel and the Investigating Officer.

¶3In the instant case, the aforesaid FIR was registered against the petitioner and with intervention of respective counsels of both the sides, respondent no. 2 agreed to give pardon to the petitioner subject to his depositing Rs. 25,000/- with DLSA, High Court of Delhi.

¶4On the query made by this Court, respondent no. 2/complainant has categorically stated that she has no objection in quashing the instant FIR. The said no objection was given via an affidavit, which is annexed as Annexure P2 to the instant petition.

¶5It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise as per the Judgment of the Hon'ble Supreme Court passed in Gian Singh vs. State of Punjab, (2012) 10 SCC 303. At this juncture, the petitioner appearing in-person also undertakes not to repeat the same conduct in the future.

¶6Per contra, Mr. Raghuinder Verma, learned APP for the State submitted that in case this Court is inclined to allow the instant petition and to quash the FIR in question in view of the settlement arrived at between the parties, cost may be imposed upon the petitioner as the FIR was registered in the year 2016 and a period of more than 8 years of judicial time is wasted.

¶7Heard learned counsel for the parties and perused the record.

¶8It is observed that the petitioner has deposited a sum of Rs. 25,000/- with the DLSA, High Court of Delhi and the receipt of the same is annexed as Annexure P3 to the instant petition.

¶9Keeping in view the fact that the petitioner has deposited a sum of Rs. 25,000/- as well as undertaking given by the petitioner, no useful purpose would be served by keeping the matter pending. Hence, FIR bearing No. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. 163/2016 dated 3rd April, 2016 registered at Police Station - Jaitpur, for offences punishable under Sections 341/354/354A/509 of the IPC and consequent proceedings emanating therefrom are quashed.

¶10The petition stands disposed of.

CHANDRA DHARI SINGH, J NOVEMBER 19, 2024 rk/mk

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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. 9020/2024 RAVINDER KUMAR .....Petitioner Through: Mr. Vikram Singh Yadav, Advocate. versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for State along with SI Vijay Kumar, PS- Jaitpur. CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH