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High Court of DelhiW.P.(CRL)/327/2025

Sanjay Choudhary & ANR. v. State Govt Of NCT Of Delhi & ANR.

2025-03-17Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 327/2025, CRL.M.A. 2797/2025-Exp SANJAY CHOUDHARY & ANR.

.....Petitioners Through:

Ms. Aarohi Mikkilineni, Advocate through VC versus STATE GOVT OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Rupali Bandhopadhya, ASC for the State with Mr. Abhijeet Kumar, Adv. and SI Sonu, PS:

Vivek Vihar.

Ms. Meenal Duggal, Mr. Aakash Rana and Mr. Rishikesh Deo, Advs.

for R-2.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 17.03.2025 1.

The petitioner nos. 1 and 2 vide the present petition, seek quashing of FIR No.333/2019 registered under Sections 406/420/34 of the Indian Penal Code, 1860 at P.S. Vivek Vihar, Delhi and all proceedings emanating therefrom in view of the Settlement Agreement dated 24.12.2024 entered between the petitioner nos.1 and 2 and the respondent no.2.

2.

The present petition is accompanied by the said Settlement Agreement dated 24.12.2024 (Annexure-P5) and is also supported by the identity cards of the parties.

3.

The petitioner nos.1 and 2 and the respondent no.2 are present in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Court and have been identified by the Investigating Officer. Moreover, the credentials of petitioner nos.1 and 2 as also of the respondent no.2, as on record, have also been duly verified by the Investigating Officer. 4.

The respondent no.2 affirms the Settlement Agreement dated 24.12.2024 and states that he has received the final instalment of Rs.15,00,000/- in full and final settlement of all his claims from the petitioner nos.1 and 2. He confirms that all disputes inter se the parties stand amicably settled in view of the aforesaid Settlement Agreement and he has voluntarily, without any pressure and/ or coercion of any kind, settled all disputes with the petitioner nos. 1 and 2 as also since he does not wish to pursue the criminal proceedings against the petitioner nos. 1 and 2 and he has no objection to the quashing of the present FIR. 5.

Learned ASC for the State submits that she too has no objections to the quashing of the aforesaid FIR subject to the imposition of some cost on the parties.

6.

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

7.

Accordingly, the present petition is allowed and FIR No.333/2019 registered under Sections 406/420/34 Indian Penal Code, 1860 at P.S. Vivek Vihar, Delhi and all proceedings emanating therefrom are quashed, subject to payment of costs of Rs.5,000/- each by the petitioner nos.1 and 2 as also the respondent no.2 with the Delhi High Court Staff Welfare The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Fund [A/C 15530110074442; IFSC UCBA0001553] within a period of two weeks.

8.

Needless to say, if the said cost is not paid within the aforesaid period of two weeks, the Registry is directed to place the matter before the Court.

9.

Accordingly, the present petition alongwith the pending application stands disposed of.

SAURABH BANERJEE, J MARCH 17, 2025/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.