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CRL.M.C./7741/2024 of AKANSHA SINGH & ANR. Vs STATE OF NCT OF DELHI AND ANR.

Court
Delhi High Court
Decision date
2024-09-30
Bench
DELHI STATE LEGAL SERVICE AUTHORITY, DULY IDENTIFIED BY IO, FIRS STAND QUASHED
Case number
7741/2024

Parties

Cites (1 resolved of 2 detected)

Statutes cited (1)

Full text

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$~68 & 77

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 7741/2024 CRL.M.A. 29525/2024 AKANSHA SINGH & ANR. .....Petitioners AKANSHA SINGH & ANR. .....Petitioners

Through: Mr. Rahul Tripathi, Adv.

versus

STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Sanjeev Sabharwal, APP for the State with SI Deepak Sahu, PS Pul Prahladpur. Mr. Parveen Tyagi, Mr. Shubham Bhushan and Mr. Sanjay Shi, Advs. for Respondent. Through: Mr. Sanjeev Sabharwal, APP for the State with SI Deepak Sahu, PS Pul Prahladpur. Mr. Parveen Tyagi, Mr. Shubham Bhushan and Mr. Sanjay Shi, Advs. for Respondent.

+ CRL.M.C. 7691/2024 SH. ASHOK. SINGH AND ANOTHER .....Petitioners

Through: Mr. Majedar Jangra, Adv.

versus

THE STATE NCT OF DELHI ADN OTHERS .....Respondents Through: Mr. Sanjeev Sabharwal, APP for the State with SI Deepak Sahu, PS Pul Prahladpur. Through: Mr. Sanjeev Sabharwal, APP for the State with SI Deepak Sahu, PS Pul Prahladpur.

Mr. Parveen Tyagi, Mr. Shubham Bhushan and Mr. Sanjay Shi, Advs. for Respondent. Bhushan and Mr. Sanjay Shi, Advs. for Respondent.

CORAM:HON'BLE MR. JUSTICE ANISH DAYAL

% 30.09.20241.These petitions have been filed seeking quashing of cross-FIRs being No. 469/2021 and No.468/2021 PS Pul Prahladpur under Sections 354/354(B)/323/509 IPC and Sections 323/354/376/506/509/34 IPC. The

quashing is sought basis settlement arrived at between the parties, dated 25[th]August, 2023. The issues arose out of scuffle between the parties during dispute regarding an incident relating to some splashing of water by scooter. Charges were traded between the two parties and allegations were made, which have sought been amicably resolved. The petitioners and complainants in both these petitions are present before the Court and duly identified by the IO and their respective counsels. The FIRs were registered in 2021.

2.In view of this, the petitions are allowed and FIRs stand quashed, considering the statements of the respondents/complainants who state that despite this scuffle happening they do not wish to pursue these proceedings against each other.

3.Petitioners Ashok Singh and Savita Singh will deposit cost of Rs.15,000/- collectively which shall be paid to the Secretary, Delhi State Legal Service Authority, Saket Courts within period of two weeks.

4.An affidavit of compliance be filed before this Court within two weeks thereafter.

5.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 misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the cross-FIRs being No. 469/2021 and No.468/2021 PS Pul Prahladpur under Sections 354/354(B)/323/509 IPC and Sections 323/354/376/506/509/34 IPC and proceedings emanating therefrom are quashed.

6.Parties shall abide by the terms of settlement.

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

8.Order be uploaded on the website of this Court.

ANISH DAYAL, J

SEPTEMBER 30, 2024/MK