Sahil Nagpal v. State Govt Of NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SAHIL NAGPAL .....Petitioner Through:

Mr. Vineet Malhotra, Advocate.

versus STATE GOVT OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Satish Kumar, APP for the State.

SI Gaurav, P.S. Hari Nagar.

Mr. Kamal Jeet Singh, Advocate for R-2 with respondent no.2.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 04.07.2024 CRL.M.A. 19162/2024 (exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.

Crl. M.C. 5011/2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioner and complainant/respondent No.2, jointly seek quashing of case FIR No. 507/2022 dated 23.09.2022 registered under sections 354/354-D/ 509/506 of the Indian Penal Code, 1860 ('IPC') at P.S.: Hari Nagar. 2.

The petition is premised on Memorandum of Understanding/ Settlement Agreement dated 28.05.2024, whereby the petitioner and respondent No. 2 have resolved the matter amicably. 3.

The petition is also supported by affidavits of the petitioner and of respondent No.2, alongwith proofs of their I.D.s. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

The contesting parties are present in-person. Their credentials have been verified and they have also been identified by their respective counsel.

5.

The court has interacted with the petitioner, as also with respondent No.2, who have confirmed that they have now resolved the matter and Memorandum of Understanding/Settlement Agreement dated 28.05.2024 has been signed by them closing all issues amicably. 6.

Respondent No.2 further submits that she is now married; and therefore does not wish to pursue the matter, so as not to disturb her matrimonial life.

7.

Mr. Satish Kumar, learned APP confirms that the State has no objection to the subject FIR being quashed.

8.

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. 9.

While allowing the petition however, this court considers it appropriate, that by way of atonement, the petitioner shall pay costs of Rs.20,000/- to Friendicoes SECA, No.271 & 273, Defence Colony Flyover Market, Jungpura, New Delhi within 04 weeks. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

Subject to the aforesaid condition, FIR No.507/2022 dated 23.09.2022 registered at P.S.: Hari Nagar is quashed. All proceedings arising therefrom also stand closed.

11.

Petitioner is directed to place on record the proof of payment of costs. 12.

The Registry is directed to re-list the matter if costs are not paid as directed.

13.

The petition stands disposed-of.

14.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J JULY 4, 2024 V.Rawat The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.