Manoj Kumar v. The State Govt. Of NCT Of Delhi And ANR.

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2679/2024 MANOJ KUMAR ..... Petitioner Through:

Mr. Mohit Bansal, Advocate (through VC).

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State and with SI Abhishek, P.S.

Jyoti Nagar.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 04.04.2024 CRL.M.A. 10181/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 2679/2024 3.

The instant petition Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been instituted on behalf of the petitioner seeking quashing of FIR bearing no. 0708/2023, registered at Police Station Jyoti Nagar, Delhi, for offences punishable under Sections 427/448/453 of the Indian Penal Code, 1860 („IPC‟).

4.

Issue notice. Mr. Naresh Kumar Chahar, learned APP appearing on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

behalf of the State accepts notice.

5.

Petitioner is present before this Court and has been identified by his counsel Mr. Mohit Bansal and Investigating Officer (IO) S SI Abhishek, P.S.: Jyoti Nagar, Delhi.

6.

Brief facts of the case are that on 02.11.2023, on the complaint of respondent no. 2, the present FIR got registered at Police Station Jyoti Nagar, Delhi. It is stated that during the pendency of the case, both the parties have settled all their disputes vide Memorandum of Understanding (MoU) dated 26.03.2024.

7.

On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that he has entered into compromise out of his own free will and without any pressure, coercion or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the vide Memorandum of Understanding dated 26.03.2024. It is further stated by respondent no. 2 that he has no objection if the present FIR is quashed.

8.

This Court has perused the FIR. The petitioners herein are neighbours and they have no criminal antecedents. The FIR in this case was registered on 15.10.2023. Chargesheet has not been filed yet. The FIR has been registered under bailable sections. It is stated that both the petitioners herein are government servants and therefore, they have moved this petition for quashing of the FIR.

9.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 10.

Accordingly, FIR bearing no. 0708/2023, registered at Police Station Jyoti Nagar, Delhi, for offences punishable under Sections 427/448/453 of Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom are quashed.

11.

The present petition stands disposed of.

12.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J APRIL 4, 2024/ZP Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.