Delhi High Court quashes criminal case subject to accused holding feast for poor on Navratri, Diwali

The Delhi High Court recently quashed proceedings in a criminal intimidation case subject to the condition that the accused persons organise a bhandara (a religious community feast) for children during Navratri and Diwali [Brij Ballabh Gaur And Anr Vs The State of NCT of Delhi And Anr.].

Justice Anish Dayal ordered that the accused persons shall conduct feast to feed poor children, one on Navratri and the other on Diwali.

“Petitioner nos.1 & 2 undertake to organize a Bhandara for poor children of the area in Shiv Mandir at Radheypuri on two occasions, one during the coming Navratra period; and one during the Diwali period for at least 50 children. Subject to this undertaking being complied with, the said FIR stands quashed,” the Court stated. 

It was further direct that photographs of accused persons holding the feast shall be placed before the Court.

The accused persons had moved the Court seeking quashing of the FIR registered under Sections 324 (voluntarily causing hurt by dangerous weapons or means) and 506 (criminal intimidation) of the Indian Penal Code (IPC) on the ground that a settlement had been reached with the complainant.

Accordingly, the Court allowed the plea in light of the settlement arrived at between the parties. 

“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.248/2020 registered at P.S. Jagatpuri under Sections 324/506/34 IPC and proceedings emanating therefrom, are quashed, qua the petitioners,” the Court stated. 

Advocate Atul Sharma appeared for the accused persons. 

Additional Public Prosecutor Manoj Pant appeared for the State.

[Read order]