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High Court of DelhiCRL.M.C./2215/2024

Neeraj Sharma v. State Of NCT Of Delhi & ANR.

2024-08-09Hon'Ble Ms. Justice Neena Bansal Krishna4 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2215/2024 NEERAJ SHARMA .....Petitioner Through:

Ms. Seema Singh, Mr. Dayanand Sharma, Mr. Bharat Bhabota & Mr.

Sushant Sagar, Advocates.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP for State.

S.I. Paramjeet, ASI Tara Chand & HC Nemi Chand, PS Ranhola, Delhi.

+ CRL.M.C. 2216/2024 GANGESHWER SINGH YADAV .....Petitioner Through:

Ms. Sheenu Chauhan & Mr. Shobhit Jaiswal, Advocates.

versus STATE OF N.C.T. OF DELHI & ANR. & ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP for State.

S.I. Paramjeet, ASI Tara Chand & HC Nemi Chand, PS Ranhola, Delhi.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 09.08.2024 1.

Learned counsels for the petitioner and the respondents have handed over the copy of the amended petitions along with the amended memo of parties as well as the amended Compromise Deed dated 31.07.2024. 2.

The Registry is directed to take the copy of the amended petitions The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

along with the amended memo of parties as well as the amended Compromise Deed dated 31.07.2024 on record.

3.

The present cross Petitions under Section 482 of the Code of Criminal Procedure, 1973 have been filed on behalf of the petitioner and the respondents against each other seeking to quash the cross FIR No. 0597/2018 registered on the complaint of Shri Gangeshwer Singh under Sections 323/341/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Ranhola (Outer District), Delhi and FIR No. 0641/2018 registered on the complaint of Smt. Neeraj Sharma under Sections 354/354B/509/34 of IPC, 1860 at Police Station Ranhola (Outer District), Delhi.

4.

Brief facts of the case are that the parties involved in the present petitions are having family relation with each other and on 04.11.2018, a fight took place between the parties and on the complaints of Neeraj Sharma and Gangeshwer Singh Yadav, the aforesaid FIRs have been registered against each other, which are pending before the learned Trial Court Delhi. 5.

It is also submitted that the parties have settled all the disputes and differences between them vide Compromise Deed dated 31.07.2024 which inter alia states that: - (i) That the marriage of the brother of Neeraj Sharma/petitioner was fixed with the daughter of Gangeshwar Singh/respondent No. 2 and out of some misunderstanding the disputes and differences arose between the parties, (ii) That the cross FIR No. 0597/2018 has been registered on the complaint of Gangeshwar Sing/respondent No. 2 and FIR No. 0641/2018 has been registered on the complaint of Neeraj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Sharma/petitioner, (iii) That the parties have mutually agreed that they shall not file any other complaint/FIR/case against each other arising out of the same event dated 04.11.2018, (iv) That both the parties shall file the petition for quashing of FIR before this Court, (v) That both the parties shall cooperate with each other in getting the cross FIRs quashed, (vi) That both the parties shall withdraw all the pending litigations, if any, pending between them.

6.

In view of the Compromise Deed dated 31.07.2024, the present petitions have been filed.

7.

The petitioners, namely, Smt. Neeraj Sharma, Shri Amit Kumar, brother, Smt. Lalti Devi, mother, Shri Sampat Sharma, father and Shri Sumit Kumar, brother and the respondents, namely, Gangeshwar Singh, Shri Kuldeep Kumar Yadav, Smt. Jyoti Singh Yadav, Smt. Meena Kumari, daughter-in-law are present today, and they have been identified by their counsel and Investigating Officer concerned.

8.

The parties have submitted that all the disputes have been amicably settled vide Compromise Deed dated 31.07.2024 and thus, no fruitful purpose will be served in continuing with the FIRs. 9.

The present petitions have been signed by the petitioners and the respondents and are supported by their respective affidavits. The parties have endorsed and reaffirmed the terms of the settlement and they also submit that the said settlement has been arrived at between the parties without any pressure and coercion.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

Today, the parties, who are present in the Court, state that they have settled all the disputes and have no objection if the FIRs are quashed. 11.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIRs and the proceedings pursuant thereto. 12.

Moreover, there is no legal impediment in quashing the FIRs in question.

13.

Accordingly, FIR bearing No. 0597/2018 registered at Police Station Ranhola (Outer District), Delhi, for offences punishable under Sections 323/341/508/34 of IPC, 1860 and FIR bearing No. 0641/2018 registered at Police Station Ranhola (Outer District), Delhi, for offences punishable under Sections 354/354B/509/34 of IPC, 1860 and all consequential proceedings emanating therefrom are quashed.

14.

The petitions stand disposed of.

NEENA BANSAL KRISHNA, J AUGUST 9, 2024 S.Sharma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.