Allowed

Bhola Thakur & Ors. v. the Government of NCT of Delhi & Anr.

Delhi HC8 Nov 2024CRL.M.C./8735/2024

Case brief

AI extract

What is this about?

Two petitions sought quashing of cross FIRs registered after a neighbourly altercation, on the basis of a settlement between the parties. The court found chances of conviction remote and continued proceedings a misuse of process, quashed both FIRs and emanating proceedings, and bound parties to the settlement terms.

What did the court decide?

FIR Nos. 223/2023 and 224/2023 of PS Dabri and proceedings therefrom quashed; pending applications disposed as infructuous.

Bhola Thakur & Ors. Vs the Government of NCT of Delhi & Anr. — Quashing and FIR | Delhi HC (2024)

¶1

$~27 and 29

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

CRL.M.C. 8735/2024 and CRL.M.A. 33434/2024 BHOLA THAKUR & ORS. .....Petitioners Through: Mr. Neeraj Kumar and Mr. Jitender Kumar, Advocates. versus THE GOVERNMENT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Hitesh Vali, APP for State with SI Naresh Kumar, PS Dabri. Mr. Naresh Panwar and Mr. Mohd. Zuber Saifi, Advocates.

¶4

+ CRL.M.C. 8743/2024 and CR	L.M.A. 33459/2024
SHAKUNTLA & ORS.	.....Petitioners
Through:	Mr. Naresh Panwar and Mr. Mohd. Zuber Saifi, Advocates along with Petitioners in person.
versus
THE GOVERNMENT OF NC & ANR.	T OF DELHI .....Respondents
Through:	Mr. Hitesh Vali, APP for State with SI Naresh Kumar, PS Dabri.
	Mr. Neeraj Kumar and Mr. Jitender Kumar, Advocates for R-2.

¶5

CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

¶6

This is a digitally signed order. 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 14/11/2024 at 11:48:16

¶7

O R D E R % 08.11.2024

¶8

These petitions have been filed for quashing of FIR No. 223/2023 filed under Sections 354/354B/506/509/34 IPC and FIR No. 224/2023 filed under Sections 323/354B IPC, at Police Station Dabri, on the basis of settlement dated 08^th September, 2024 arrived at between the parties, which is on record of this Court.

¶9

Petitioners and complainants of both the petitions are present in the Court except one complainant Mr. Ajay Kumar, who appears through video conferencing, and have been duly identified by the Investigating Officer and respective counsels. It is stated that they are neighbours and the FIRs were registered due to an altercation which had occurred between them and they have now resolved their issues.

¶10

Complainants in both the matters state that the issue got escalated, due to which, cross FIRs were registered, and events as have been complained of in the said FIR did not really occur.

¶11

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 FIRs as it would be a misuse of the process of the Court, and an unnecessary burden on the State exchequer. Accordingly, both the petitions are allowed. Consequently, the FIR No. 223/2023 filed under Sections 354/354B/506/509/34 IPC and FIR No. 224/2023 filed under Sections 323/354B IPC, at Police Station Dabri and proceedings emanating therefrom are quashed.

¶12

Parties shall be bound by the terms of the settlement.

¶13

Accordingly, the petitions are disposed of. Pending applications (if

¶14

¶15

any) are disposed of as infructuous.

¶16

Order be uploaded on the website of this Court.

¶17

ANISH DAYAL, J

¶18

NOVEMBER 8, 2024 DU/sc

¶19

This is a digitally signed order.

¶20

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 14/11/2024 at 11:48:16

Bhola Thakur & Ors. v. the Government of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Bhola Thakur & Ors. v. the Government of NCT 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

Doctor Deepanjali Vs State & Ors.

Krishna Kumar Singh Vs Baldeo Prasad Shaw

Vishal Kapoor Vs Preeti Kapoor & Anr.

Sujeet Kumar Vs State Govt. of NCT of Delhi and Anr.

Sh Rohit Tanwar and Anr. Vs the State Govt of NCT of Delhi and Ors.

Manmohan Vs State of NCT of Delhi & Anr.