Kanhaiya Singh @ Kanhaiya And ORS. v. State Govt. Of NCT Of Delhi And ANR.

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 987/2025 & CRL.M.As. 4537-38/2025 KANHAIYA SINGH @ KANHAIYA AND ORS. .....Petitioners Through:

Mr. Gyan Prakash and Ms. Sonu, Advocates versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through:

Mr. Laksh Khanna, APP for State along with ASI Ram Kumar, PS Badarpur

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 13.02.2025 1.

This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') seeking quashing of FIR No. 0051/2025 dated 17.01.2025 registered for offences under Sections 85, 316(2), 351(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS) registered at Police Station Badarpur.

2.

Learned counsel for the Petitioners states that the Petitioners and Respondent No. 2 have been directed to participate in Mediation proceedings by the Mahila Court and the next date of hearing is 19.02.2025 for mediation.

3.

She states that the lodging of the FIR has raised apprehension of coercive proceedings in the minds of the Petitioners. 4.

Learned APP states that the fact that parties are in Mediation is within CRL.M.C. 987/2025 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 17/02/2025 at 17:49:30

the knowledge of the IO. He states in any event, the IO is bound to comply with the law settled by the Supreme Court in the law judgement Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 keeping in view the provisions under which the FIRs has been registered.

5.

After some arguments, learned counsel for the Petitioners seeks leave to withdraw this petition and reserved all her rights and contentions to await the outcome of the mediation.

6.

The petition stands disposed of as withdrawn along with pending applications and liberty reserved.

MANMEET PRITAM SINGH ARORA, J FEBRUARY 13, 2025/rhc/ms CRL.M.C. 987/2025 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 17/02/2025 at 17:49:30