Mohd. Danish & ANR. v. The State Gnct Of Delhi And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MOHD. DANISH & ANR.

.....Petitioners Through:

Mr.

Amit Kumar, Advocate via video-conferencing.

versus THE STATE GNCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Digam Singh Dagar, APP for the State withSI Awadhesh Naraynan, P.S. Chandni Mahal.

Mr.

Sunil Kumar, Advocate via video-conferencing for complainant alongwith complainant.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 27.02.2025 CRL.M.A. 1368/2025 (exemption) Exemption granted, subject to just exceptions. The application stands disposed-of.

By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners seek quashing of case FIR No. 98/2021 dated 25.04.2021 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Chandni Mahal, Delhi.

2.

In light of the Practice Directions dated 24.12.2024 issued by the Hon'ble Acting Chief Justice in relation to dealing with the petitions The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

seeking quashing of FIR based on compromise, the learned Joint Registrar (Judicial) vide order dated 17.01.2025 has verified the identity of the parties and has also recorded in the order that respondent No. 2 confirms that she has settled the subject matter of the FIR and has received the settlement amount of Rs.04 lacs; and has consented to the subject FIR being quashed.

3.

The statement of respondent No. 2 has also been recorded, a copy of which has been place on record.

4.

Petitioner No. 1 as well as respondent No. 2 have joined the proceedings via video-conferencing alongwith their respective counsel. The court has interacted with them; and is satisfied that the parties have resolved all their disputes amicably and by way of a lawful compromise.

5.

Mr. Digam Singh Dagar, learned APP confirms that the State has no objection to the subject FIR being quashed.

6.

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

Accordingly, case FIR No. 98/2021 dated 25.04.2021 registered under sections 498-A/406/34 IPC at P.S.: Chandni Mahal, Delhi is quashed. All proceedings arising therefrom also stand closed. 8.

However, in view of the observations made by a Division Bench of this court in judgment dated 07.11.2024 in MAT. APP.(F.C.) No. 37/2023, it is made clear that nothing in this order is to be construed as this court having given its imprimatur to the Khula Nama Agreement dated 16.02.2024 signed between the parties. 9.

Petition stands disposed-of in the above terms. 10.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J FEBRUARY 27, 2025 V.Rawat The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.