Jakir Khan & ORS. v. The State ( NCT Of Delhi) & ANR.

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL.) 1005/2024 & CRL.M.A. 9554/2024 JAKIR KHAN & ORS.

..... Petitioners Through:

Mr.Prakash Kashyap and Mr.Pankaj Tanwar, Advocates with Petitionersin-person.

versus THE STATE ( NCT OF DELHI) & ANR.

..... Respondents Through:

Mr.Sanjay Lao, Standing Counsel (Crl.) GNCTD with Mr.Abhinav Kumar Arya, Advocate alongwith SI Prem Kumar, P.S. Maidan Garhi.

Mr.Charanpreet Singh, Mr.Anant Gautam and Mr.Gyanendra Anand, Advocates with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 25.04.2024 1.

The instant petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioners for quashing of FIR No. 266/2023, under Sections 354A/354B/34 Indian Penal Code, 1860 ('IPC'), registered at P.S.: Maidan Garhi, Delhi. Charge-sheet has been filed under Sections 354A/354B/323/509/34 IPC.

2.

In brief, as per the case of the petitioners, the present petitioners and respondent No.2 reside in same vicinity and by virtue of certain misunderstandings between the parties, the instant dispute had arisen, which The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

led to lodging of present FIR against the petitioners. 3.

Learned counsel for the petitioners also pointed out that all the petitioners have clean past antecedents and are not involved in any other case.

4.

The disputes are stated to have been amicably settled between the parties with the intervention of family members vide Memorandum of Understanding dated 06.02.2024.

5.

Learned APP for the State submits that in view of amicable settlement between the parties, the State has no objection in case the FIR in question is quashed.

6.

Petitioners as well as respondents No. 2 are present in person and have been identified by SI Prem Kumar, P.S.: Maidan Garhi, Delhi. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also state that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.

7.

Since parties are residing in same vicinity, they intend to put quietus to the proceedings and move forward in life. Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. Continuation of proceedings would be nothing but an abuse of the process of Court.

Consequently, FIR No.266/2023, under Sections 354A/354B/323/509/34 IPC, registered at P.S.: Maidan Garhi, Delhi and the proceedings emanating therefrom stand quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

PURUSHAINDRA KUMAR KAURAV, J.

APRIL 25, 2024/v The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.