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High Court of DelhiW.P.(CRL)/2927/2023

Ram Niwas Sharma & ANR. v. State Govt Of NCT Of Delhi And ANR.

2024-07-02Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2927/2023 RAM NIWAS SHARMA & ANR.

..... Petitioners Through Mr. Pawan Sharma, Advocate.

versus STATE GOVT OF NCT OF DELHI AND ANR.

..... Respondents Through S.I. Om Prakash, P.S. M.S. Park and W/SI Veena CAW Cell, Shahdara.

Mr.

Sandeep Tyagi, Mr.

Ashish Goyal, Mr.

Naresh Kr.

Tyagi, Advocates for R2 with R2 in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 02.07.2024 1.

The Petition under Article 226 of the Constitution of India read with Section 482 Cr.PC, has been filed by the two accused, namely, Ram Niwas Sharma and Yogesh Aggawal, for quashing of the FIR bearing No. 057/2023 under Sections 323/354/448/451/506/509/34 IPC, registered at Police Station Mansarovar Park.

2.

The complaint has been filed by the respondent No. 2 and she levelled allegations of beating, molestation, house trespassing, criminal intimidation and hurling abuses against the alleged persons viz. (1) Ram Niwas Sharma s/o Data Ram Sharma r/o H.No. 1-3066, Street No.3-C, INdira Pyavu, Ram Nagar Extn. Shahdara, Delhi (2) Yogesh Aggarwal s/o Ishwar Dayal Aggarwal r/o G-1, 3rd Floor, East Jyoti Nagar, Nand Nagri, Delhi (3) Sonal The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Jain w/o Anuj Jain r/o 716, Street No. 9, Chanderlok Colony, Shahdara, Delhi (4) Anuj Jain S/o Sumer Chand Jain r/o 716, Street No. 9, Chanderlok Colony, Shahdara, Delhi (5) Rishabh Jain s/o Ajay Kumar Jain r/o H.No. 716, Street No. 9, Chanderlok Colony, Shahdara, Delhi. The incident occurred on 05.09.2021 at about 7.15 PM while she alongwith her husband was present in her house at H.No. 716, UG 3rd Floor, Gali No.9, 100 Futa Road, Chanderlok Colony, Delhi. Accordingly, a case vide FIR No. 57/23 dated 25.02.2023 U/s 323/354/448/451/506/34 IPC, has been registered against the alleged persons.

3.

It is submitted that both the petitioners and respondent No. 2 have already sorted out their all differences with the intervention of their respective persons of the vicinity and they have left no grudge or grievance against each other in any manner whatsoever. Therefore, the Petition be quashed.

4.

The complainant is present in the Court and submits that the matter stands settled with all the five accused, even though two petitioners/accused have filed the present Petition. She has no objection if the FIR is quashed against the petitioners as well as other accused persons on account of the settlement already arrived at between the parties. 5.

In view of the submissions made, the Petition is allowed.

Accordingly, the FIR bearing No. 057/2023 registered at Police Station Mansarovar Park, for offences punishable under Sections 323/354/448/451/506/509/34 of the Indian Penal Code, 1860 with all the subsequent proceedings and the charge sheet is hereby quashed qua all the accused persons.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J JULY 2, 2024/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.