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  1. Home/
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  3. High Court Of Delhi/
  4. 2024/
  5. August

Pawan Chaudhary @ Pavan Chaudhary vs. the State (nct of Delhi) & Anr.

Decided on 30 August 2024• Citation: CRL.M.C./6790/2024• High Court of Delhi
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                 $~65                                                             
                 *    IN  THE   HIGH   COURT   OF   DELHI   AT  NEW   DELHI       
                 +    CRL.M.C. 6790/2024 and CRL.M.A. 25931/2024                  
                      PAWAN   CHAUDHARY                                           
                      @  PAVAN  CHAUDHARY                     .....Petitioner     
                                     Through:  Mr. Manoj Garg, Advocate.          
                                     versus                                       
                      THE  STATE (NCT OF DELHI) & ANR.        .....Respondents    
                                     Through:  Mr. Digam Singh Dagar, APP for     
                                               State with SI Sanjeet Rathee, PS:  
                                               Malviya Nagar.                     
                      CORAM:                                                      
                      HON'BLE   MR. JUSTICE ANISH  DAYAL                          
                                     O R D E R                                    
                 %                   30.08.2024                                   
                 1.   This petition has been filed seeking quashing of FIR no. 399/2020
                 registered at PS Malviya Nagar, Delhi under Sections 323/341/506/34 IPC on
                                                                   th             
                 the basis of settlement arrived at between the parties dated 25 May, 2024
                 which is on record of this Court.                                
                 2.   Petitioner nos. 1 and respondent no.2 are present in Court and are duly
                 identified by IO and the respective counsels.                    
                 3.   Respondent no.2 states that he has no objection to the quashing of the
                 FIR, since it was arising out of a private dispute and the FIR were registered in
                 the heat of the moment.                                          
                 4.   APP for State informs that there is another accused Mohit Arora who is
   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 06/09/2024 at 15:23:18          

                 not party to this petition.                                      
                 5.   Accordingly, the FIR is being quashed qua the petitioner Pawan
                 Choudhary only.                                                  
                 6.   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 a misuse of the
                 process of the Court and an unnecessary burden on the State exchequer.
                 Accordingly, the petition is allowed. Consequently, the FIR No. 399/2020
                 under Sections 323/341/506/34 IPC registered at PS Malviya Nagar, Delhi
                 and proceedings emanating therefrom are quashed qua the petitioner Pawan
                 Choudhary.                                                       
                 7.   Parties shall abide by the terms of settlement.             
                 8.   Accordingly, the petition is disposed of. Pending applications (if any)
                 are disposed of as infructuous.                                  
                 9.   Order be uploaded on the website of this Court.             
                                                             ANISH  DAYAL,  J     
                 AUGUST   30, 2024/RK                                             
                                          Click here to check corrigendum, if any 
   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 06/09/2024 at 15:23:18