Quashed

Shiv Kumar Khanna v. State(N.C.T. of Delhi) & Anr.

Delhi HC9 Dec 2024CRL.M.C./8625/2024

Case brief

AI extract

What is this about?

The court quashed an FIR under BNS, 2023 after a settlement was reached between petitioner and complainant. The court found no fruitful purpose in prosecuting the case, ordered both parties to pay costs due to police wastage, and disposed of the petition.

What did the court decide?

FIR No. 484/2024 and all consequential proceedings quashed; parties ordered to pay Rs. 10,000 costs each.

Shiv Kumar Khanna Vs State(N.C.T. of… — Constitutional and Fundamental Rights | Delhi HC (2024)

¶1

$~27

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 8625/2024

¶4

SHIV KUMAR KHANNA

¶5

.....Petitioner

¶6

Through: Mr. Ayush, Adv.

¶7

versus

¶8

STATE(N.C.T. OF DELHI) & ANR.

¶9

.....Respondent Through: Mr. Aashneet Singh, APP

¶10

CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 09.12.2024

¶11

This is a petition seeking quashing of the FIR No. 484/2024 registered at PS Vikaspuri under Sections 115/304(2)/3(5) of BNS, 2023.

¶12

As per the FIR, it is stated that the son of the complainant was having an argument with the Guard of the society gate and the petitioner thereafter beat the son of the complainant.

¶13

There was no MLC conducted.

¶14

The petitioner and the complainant have entered into a settlement dated 03.10.2024, wherein the parties have settled their disputes and do not wish to pursue the case any further.

¶15

I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. The 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.

¶16

This is a digitally signed order.

¶17

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2024 at 11:53:28

¶18

However, the time and resources of the Police have been expended on a trivial issue, where if both parties had shown some restrain and tolerance towards each other, the same would not have been registered in the first instance. Hence, the parties must pay costs.

¶19

For the said reasons, the petitioner as well as the complainant shall pay costs of Rs. 10,000/- each to the DHCLSC within a period of 4 weeks from today.

¶20

The proof of the payment be filed with the Registry within 6 weeks from today, failing which the file shall be put up before the Court.

¶21

In view of the aforesaid, FIR No. 484/2024 registered at PS Vikaspuri under Sections 115/304(2)/3(5) of BNS, 2023 and all consequential proceedings arising therefrom are hereby quashed.

¶22

The petition is disposed of in the aforesaid terms.

¶23

JASMEET SINGH, J

¶24

DECEMBER 9, 2024 / (MS)

¶25

Click here to check corrigendum, if any

¶26

This is a digitally signed order.

¶27

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2024 at 11:53:28

Shiv Kumar Khanna v. State(N.C.T. of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Shiv Kumar Khanna v. State(N.C.T. of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mushtaq Ahmad Lone @ Mushtaq Aalam Vs State NCT of Delhi & Ors.

Pooja Manna Vs State NCT of Delhi

Pankaj Ahuja Vs State of NCT of Delhi & Anr.

Aman Kumar & Anr. Vs State through SHO Ps Govindpuri & Anr.

Bhopal Singh Vs the State Govt. of NCT of Delhi and Anr.

Ajay & Ors. Vs State Govt. of NCT of Delhi and Anr.