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High Court of DelhiCRL.M.C./4875/2019

Arvind & ORS. v. State & ANR.

2024-10-01Hon'Ble Mr. Justice Anup Jairam Bhambhani2 pages

$~22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4875/2019 ARVIND & ORS.

.....Petitioners Through:

Mr. Rajesh Kumar Singh, Advocate with Mr. Sagar Roy, Advocate, Mr.

Amit Bidhuri, Advocate and Ms.

Niladri Biswas, Advocate.

Petitioners in court.

versus STATE & ANR.

.....Respondents Through:

Mr. Utkarsh, APP for the State.

SI Esther Dazi, DUO/SD.

R2 in court.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 01.10.2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioners seek quashing of case FIR No. 2357/2015 dated 02.09.2015 registered under sections 34/380/448 of the Indian Penal Code, 1860 ('IPC') at P.S.: Mehrauli, Delhi.

2.

The petition is premised on Compromise Deed dated 13.09.2019, whereby the petitioners and respondent No. 2 have resolved the matter amicably.

3.

The petition is supported by affidavits of the petitioners and of respondent No. 2, alongwith proof of their IDs. 4.

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

CRL.M.C. 4875/2019 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/10/2024 at 10:29:50

5.

The court has interacted with respondent No.2, as also with petitioners, who have confirmed that they have now resolved the matter and a Compromise Deed dated 13.09.2019 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

6.

Mr. Utkarsh, 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. 2357/2015 dated 02.09.2015 registered under sections 34/380/448 IPC at P.S.: Mehrauli, Delhi is quashed. All proceedings arising therefrom also stand closed. 9.

Petition stands disposed-of.

10.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 1, 2024 ds CRL.M.C. 4875/2019 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/10/2024 at 10:29:50