Allowed

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

Delhi HC9 Dec 2024CRL.M.C./9657/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed FIR No. 1386/2015 and consequential proceedings alleging injury by pelting stones during a Durga Pooja programme. Relying on a voluntary settlement deed executed between parties, the court held that continuing proceedings served no purpose and granted the petition to quash the FIR under Section 528 of the BNSS.

What did the court decide?

FIR No. 1386/2015 and all consequential proceedings under Sections 308/34 IPC 1860 were quashed, and the petition was disposed of.

Aman Kumar & Anr. Vs State through SHO Ps Govindpuri & Anr. — Quashing and FIR | Delhi HC (2024)

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$~87

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 9657/2024, CRL.M.A. 37063/2024 (stay)

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AMAN KUMAR & ANR. .....Petitioners Through: Mr. Devjyoti Dey, Adv. with both petitioners.

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versus

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STATE THROUGH SHO PS GOVINDPURI & ANR.

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.....Respondents

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Through: Mr. Sunil Kumar Gautam, APP for State. R-2 through V.C.

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R

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% 09.12.2024

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CRL.M.A. 37064/2024

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Exemption allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 9657/2024

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This is a petition filed under section 528 of BNSS seeking quashing of FIR No. 1386/2015, dated 23.10.2015, registered at P.S. Govindpuri, Delhi under Sections 308/34 IPC, 1860 and all consequential proceedings emanating therefrom, if any.

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Briefly stating the facts are that the FIR No. 1386/2015 came to be registered on the complaint of respondent no. 2/complainant, whereby it is alleged that some boys including the petitioners were pelting stones at a

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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 16/12/2024 at 12:04:08

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Durga Pooja Programme which resulted in one of the stones hitting the complainant.

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During the pendency of the proceedings, the parties have arrived at a settlement by executing a settlement deed on 22.05.2024, whereby the complainant has settled all the disputes and has agreed to cooperate in quashing of the aforesaid FIR.

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It is pointed out that as per the MLC, the nature of injuries caused to the complainant are ‘simple’.

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The petitioners i.e. Mr. Aman Kumar (petitioner no.1) and Mr. Nishad (petitioner no. 2) are present in court and have been identified by their counsel, namely, Mr. Devjyoti Dey, Adv.

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Respondent No. 2 i.e. Mr. Jitender Bidhuri is appearing through video-conferencing mode and has also been identified by Mr. Devjyoti Dey, Adv. In addition, respondent no. 2 states that he has voluntarily settled all the disputes with the petitioners and has no objection if the said FIR is quashed.

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Since the parties have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure the ends of justice. This 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.

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For the reasons noted above, FIR No. 1386/2015, dated 23.10.2015, registered at P.S. Govindpuri, Delhi under Sections 308/34 IPC, 1860 and all consequential proceedings emanating therefrom, if any are hereby quashed.

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The petition along with the pending application, if any, stands disposed of.

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JASMEET SINGH, J

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DECEMBER 9, 2024/ akc

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This is a digitally signed order.

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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. The Order is downloaded from the DHC Server on 16/12/2024 at 12:04:08

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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