Delhi High Court - Orders
Sanchit Alagh & Ors vs State (Nct Of Delhi) & Ors on 23 March, 2023
$~95
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5862/2022
SANCHIT ALAGH & ORS. ..... Petitioners
Through: Mr. Naginder Benipal, Mr. Harithi
Kambiri & Mr. Ankit Siwach, Advs.
versus
STATE (NCT OF DELHI) & ORS. ..... Respondents
Through: Mr. Hemant Mehla, APP for the State
with Mr. Dipanshu Meena, Adv.
SI Rahul, PS Maurya Enclave
R-3 complainant in person
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 23.03.2023
1. This matter has been received on transfer by orders of Hon'ble the Chief Justice as Hon'ble Mr. Justice Dinesh Kumar Sharma is not holding Court today.
2. Matter is taken up with the consent of learned counsels for the parties as both the parties are present and pray for quashing of the proceedings.
3. This petition has been filed seeking quashing of FIR No.99/2016 registered at P.S. Maurya Enclave under sections 323/354/354B/509/34 IPC on the ground that the parties have arrived at a settlement vide MOU dated 13th October, 2022 which is on record of this Court.
4. Petitioner nos. 1 to 3 and respondent no.3-complainant are present in the Court have been duly identified by the Investigating Officer and the counsel.
5. Respondent no.3 states that she does not want to pursue these Signature Not Verified Digitally Signed By:ANISH DAYAL proceedings any further since she has resolved all her issues with the petitioners and therefore, has no objection to quashing of the FIR.
6. 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.99/2016 registered at P.S. Maurya Enclave under sections 323/354/354B/509/34 IPC and proceedings emanating therefrom are quashed.
7. Parties shall abide by the terms of settlement.
8. Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.
9. Order be uploaded on the website of this Court.
ANISH DAYAL, J MARCH 23, 2023/sm Signature Not Verified Digitally Signed By:ANISH DAYAL