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High Court of DelhiCRL.M.C./3689/2024

Jagdish & ORS. v. State Of NCT Of Delhi & ANR.

2024-07-05Hon'Ble Mr. Justice Anup Jairam Bhambhani3 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3689/2024 JAGDISH & ORS.

.....Petitioner Through:

Ms. Ridhima Manchanda, Advocate for petitioners Nos. 1 to 3.

versus STATE OF NCT OF DELHI & ORS.

.....Respondent Through:

Ms. Shubhi Gupta, APP for the State.

SI Sumit Tomar, P.S. Budh Vihar.

Mr. Gurpreet Singh, Advocate for respondents No. 2 & 3 with respondents Nos. 2 & 3.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 05.07.2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioners and respondents Nos.2 & 3, jointly seek quashing of case FIR No.297/2019 dated 31.10.2019 registered under sections 354/506/509/323/341/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Budh Vihar, Delhi. 2.

The petition is also supported by affidavits of the petitioners and of respondent No.2 & 3.

3.

The contesting parties (the petitioners and respondents Nos.2 & 3) are present in court. They have also been identified by their respective counsel.

CRL.M.C. 3689/2024 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

The court has interacted with the petitioners, as also with respondents Nos.2 & 3, who have confirmed that they have now resolved their inter-se disputes with the petitioners; and do not wish to pursue any further proceedings in the said FIR. They say that they are neighbors and wish to live in peace and harmony going forward. 5.

Mr. Gurpreet Singh, learned counsel appearing for respondents Nos.2 & 3 also points-out that a cross-FIR bearing No. 296/2019 registered under sections 323/341/354B/506/509/34 of the IPC at P.S.: Budh Vihar by the respondents against the petitioners has already been quashed by a Co-ordinate Bench of this court vide order dated 17.05.2024 in CRL.M.C. No 4024/2024 titled 'Vinit Jain & Ors. vs. State of NCT of Delhi & Ors.'

6.

Ms. Shubhi Gupta, learned APP confirms that the State has no objection to the subject FIR being quashed.

7.

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 8.

Accordingly, FIR No.297/2019 dated 31.10.2019 is quashed. All proceedings arising therefrom also stand closed. CRL.M.C. 3689/2024 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

Petition stands disposed-of.

10.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J JULY 5, 2024/V.Rawat CRL.M.C. 3689/2024 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.