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High Court of DelhiW.P.(CRL)/215/2025

Mr. Himanshu Verma & ANR. v. State Of NCT Of Delhi Through S.H.O. & ORS.

2025-03-24Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 215/2025 MR. HIMANSHU VERMA & ANR.

.....Petitioners Through:

Mr. Tarun Gaur and Mr. Shubham Arora, Advs alongwith petitioner nos.1 & 2 versus STATE OF NCT OF DELHI THROUGH S.H.O. & ORS.

.....Respondents Through:

Ms. Rupali Bandhopadhya, ASC for State Mr. Sohil Sharma and Mr. Ieshaan Gupta, Advocates with respondent nos.2 to 5

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 24.03.2025 1.

The petitioners vide the present petition under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Section 482 Code of Criminal Procedure, 1973 (Cr.P.C.), seek quashing of FIR bearing no. 1219/2024 dated 22.12.2024, under Sections 115(2), 126(2), 351(1), 74 and 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS) registered at P.S.: Samaypur Badli, Delhi and all proceedings emanating therefrom in view of the Settlement Agreement dated 11.01.2025 entered between the petitioner nos. 1 and 2 and the respondent nos.2 to 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

The present petition is accompanied by the said Settlement Agreement dated 11.01.2025 [Annexure-B] and is also supported by their identity cards.

3.

Additionally, both petitioner nos. 1 and 2 and also the respondent nos. 2 to 5, present in Court, have been identified by the Investigating Officer. Moreover, the credentials of both, petitioner nos. 1 and 2 as also respondent nos.2 to 5, as on record, have also been duly verified by the Investigating Officer.

4.

Issue notice.

5.

Learned ASC for the State accepts notice and submits that she has no objection to the quashing of the aforesaid FIR. 6.

Learned counsel for the respondent nos.2 to 5 also accepts notice. Respondent nos. 2 to 5 affirm the Settlement Agreement dated 11.01.2025 and submit that they have voluntarily, without any pressure and/ or coercion of any kind out of their own free will settled all disputes with the petitioners without any monetary or any other consideration as also since they do not wish to pursue the criminal proceedings against the petitioners, they have no objection to the quashing of the present FIR. Learned counsel for the respondent nos.2 to 5 thus confirms that all disputes inter se the parties stands amicably settled in view of the Settlement Agreement.

7.

In view of the settlement arrived at between the parties and following the law as laid down by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of the opinion that continuation of the aforesaid FIR will be an exercise in futility.

8.

Accordingly, the present petition is allowed and FIR bearing no. 1219/2024 dated 22.12.2024, under Sections 115(2), 126(2), 351(1), 74 and 3(5) of the BNS registered at PS: Samaypur Badli, Delhi and all proceedings emanating therefrom are quashed, subject to the petitioner nos. 1 and 2 giving one complete set of computer with a printer at Police Station: Samaypur Badli, Delhi and the respondent nos.2 to 5 also giving one complete set of computer with a printer to the same Police Station within a period of two weeks.

9.

Needless to say, this Court appreciates the gesture of benevolence shown by each of the petitioner nos.1 and 2 as well as the respondent nos.2 to 5.

10.

Compliance report of the aforesaid direction be filed by the petitioner nos.1 and 2 as well as the respondent nos.2 to 5 before this Court within a period of one week thereafter. 11.

The Registry is directed to list the matter before this Court, if compliance report is not filed within the prescribed period for compliance as aforesaid.

12.

The petition stands disposed of.

SAURABH BANERJEE, J MARCH 24, 2025/Ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.