Yash Kumar Dubey ORS. & ORS. v. State Govt. Of NCT Of Delhi & ANR. & ORS.

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5197/2023 YASH KUMAR DUBEY ORS. & ORS.

.....Petitioners Through:

Mr. Saurabh Upadhyay, Adv. (through VC) Mr. D. K. Singh, Ms. Nandini Singh, Mr. Gaurav Bakshi and Ms.

Jyoti Bakshi, Advocates for petitioner Jatin.

versus STATE GOVT. OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Priyanka Dalal, APP for the State with SI Sumeet, P.S. Vivek Vihar.

Ms.(appearance not given), Advocate for complainant.

Complainant/Respondent no. 2 through VC.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 06.05.2025 1.

This hearing has been done through hybrid mode. 2.

This is a petition under Section 482 of the Cr.P.C. seeking quashing of the FIR No. 0689/2022 under Sections 307/336/323/34/59 of the IPC and Sections 25/27/54 of the Arms Act, registered as P.S. Vivek Vihar and all the other consequential proceedings emanating therefrom including the chargesheet pending before the Court of Ms. Swati Sharma, learned Chief Judicial Magistrate, Shahdara District, Karkardooma Courts, Delhi. 3.

Learned counsel for the petitioners submits that the petitioners and the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

complainant/respondent no. 2 are studying in the same university and the present FIR was registered on account of a minor dispute between the parties with respect to organising 'the Freshers party' in the university. It is submitted that the present petitioners have since compromised their disputes with respondents no. 2. He further submits that the compromise has been arrived at between the parties since the petitioners and respondent no. 2 are students and the continuation of the present FIR is affecting both their life and career. Therefore, the present petition seeking quashing of FIR No. 0689/2022 under Sections 307/336/323/34/59 of the IPC and Sections 25/27/54 of the Arms Act, registered as P.S. Vivek Vihar and all the other consequential proceedings emanating therefrom including the chargesheet pending before the Court of Ms. Swati Sharma, learned Chief Judicial Magistrate, Shahdara District, Karkardooma Courts, Delhi have been preferred. 4.

A copy of the Memorandum of Understanding ('MOU') dated 10.05.2023 has been placed on record, which records the settlement between the parties and their agreement to cooperate with each other in quashing of the present FIR.

5.

The petitioners are present before this Court and respondent no. 2 appears through Video Conferencing and they have been duly identified by their respective counsels, as well as the Investigating Officer (IO). 6.

The Complainant/respondent no.2 states that the matter has been settled with the petitioners and he has no objection if the present FIR and the consequent proceedings emanating therefrom including the chargesheet pending before the Court of competent jurisdiction are quashed against the petitioners. He further states that all the terms of the Memorandum of Understanding ('MoU') have been complied with. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

The learned Standing Counsel for the State submits that investigation in the present FIR has been completed and the chargesheet has been filed and the same is pending before the Court of competent jurisdiction. 8.

In Gian Singh vs. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding." 9.

In view of the aforesaid circumstances, and that fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present the FIR No. 0689/2022 under Sections 307/336/323/34/59 of the IPC and Sections 25/27/54 of the Arms Act, registered as P.S. Vivek Vihar and all the other consequential proceedings emanating therefrom including the chargesheet pending before the Court of Ms. Swati Sharma, learned Chief Judicial Magistrate, Shahdara District, Karkardooma Courts, Delhi.

10.

In the interest of justice, the petition is allowed and the FIR No. 0689/2022 under Sections 307/336/323/34/59 of the IPC and Sections 25/27/54 of the Arms Act, registered as P.S. Vivek Vihar and all the other consequential proceedings emanating therefrom including the chargesheet pending before the Court of Ms. Swati Sharma, learned Chief Judicial The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Magistrate, Shahdara District, Karkardooma Courts, Delhi are hereby quashed.

11.

The petition is disposed of.

12.

Pending application(s), if any, also stands disposed of. AMIT SHARMA, J MAY 6, 2025 ssc/Pc 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.