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2022 DIGILAW 1141 (DEL)

Jai Kumar Jain v. State (Govt. Of NCT Of Delhi)

2022-05-13

JASMEET SINGH

body2022
ORDER CRL.M.A. 9378/2022 & CRL.M.A. 9379/2022-EXEMPTION 1. Allowed subject to all just exceptions. 2. The applications stand disposed of. CRL.M.C. 2213/2022 3. This is a petition filed seeking quashing of the FIR No. 477/2016 dated 19.12.2016 registered at PS Paharganj under Section 323/341/354/509/34 IPC and all proceedings emanating therefrom. 4. From the FIR, it seems that the issue was with regard to car parking in the neighbourhood which turned into an ego clash resulting in registration of the FIR. 5. The petitioners are present in Court and have been identified by Mr. Vinod Pal, learned counsel for the petitioners. 6. The respondents Nos.2 to 5 are also present in Court and have been identified by SI Ravi Chaudhary, PS Paharganj. 7. It is submitted that the parties have arrived at a settlement on 27.12.2021 pursuant to which their disputes have been settled and the parties do not wish to prosecute the matter any further. 8. Since the parties have settled the matter and do not wish to prosecute the FIR any further, I think, it is a fit case for quashing the FIR. 9. This court must, however, note that the practise of lodging an FIR on such frivolous and minor issues is a practise which must be condemned. The Judicial system and state resources are already heavily burdened and litigants must be conscious of their actions. Parties before lodging an FIR, must have due regard as to not only the nature and gravity of what offences they are alleging but also the state and police resources that go into investigating those matters, which are ultimately put up before court to only be quashed. Such an exercise is nothing but an abuse of the process of law which must be discouraged in its entirety. 10. For the reasons stated above, the FIR No. 477/2016 dated 19.12.2016 registered at PS Paharganj under Section 323/341/354/509/34 IPC and all consequential proceedings emanating therefrom are hereby quashed, but subject to each of the petitioners and each of the respondents depositing Rs. 15,000/- with DHCLSC within 4 weeks from today. 11. The proof of payment of costs will be placed on record and in case the same is not placed on record, the Registry will put up the file before court. CRL.M.C. 2214/2022 12. 15,000/- with DHCLSC within 4 weeks from today. 11. The proof of payment of costs will be placed on record and in case the same is not placed on record, the Registry will put up the file before court. CRL.M.C. 2214/2022 12. This is a petition filed seeking quashing of the FIR No. 478/2016 dated 19.12.2016 registered at PS Paharganj under Section 323/341/34 IPC and all proceedings emanating therefrom. 13. The petitioners are present in Court and have been identified by Mr. Vinod Pal, learned counsel for the petitioners. 14. The respondents are also present in Court and have been identified by SI Ravi Chaudhary, PS Paharganj. 15. Since the FIR No. 477/2016 dated 19.12.2016 registered at PS Paharganj under Section 323/341/354/509/34 IPC is quashed above, the present FIR No. 478/2016 dated 19.12.2016 registered at PS Paharganj under Section 323/341/34 IPC and all proceedings emanating therefrom is also quashed based on the settlement dated 27.12.2021.