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High Court of DelhiCRL.M.C./7466/2023

Brahmdev Kumar & ORS. v. State (NCT Of Delhi)) & ORS.

2024-09-05Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7466/2023 BRAHMDEV KUMAR & ORS.

.....Petitioners Through: Mr.Sumit Mishra, Mr.Sandeep Tyagi, and Mr.Ashish Goyal, Advocates with petitioners in person versus STATE (NCT OF DELHI)) & ORS.

.....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Deependra Mr.Gaurav Mishra, Advocate for respondent Nos.2 and 3/complainant

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 05.09.2024 CRL.M.A. 26803/2024 (direction by the petitioners) 1.

The present application has been filed by the petitioners for bringing on record the factum of settlement having been arrived at between the parties.

2.

Learned counsel for the petitioners submits that though initially the petition was filed seeking quashing of the FIR No.608/2015 registered under Sections 354/354-A/354-B/354-D/506/34 at P.S. Sonia Vihar, Delhi on merits, however, during the pendency of the proceedings, the parties have been able to resolve their disputes and reach an amicable settlement. In this regard, learned counsel has referred to the Memorandum of Understanding The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

dated 22.08.2024. He further submits that the application is accompanied by the requisite affidavits of the parties.

3.

In view of the above and with the consent of the parties, the petition is taken up for hearing today itself.

4.

In view of the above, the application is disposed of. 5.

The date already fixed i.e., 25.10.2024 stands cancelled. CRL.M.C. 7466/2023 and CRL.M.A. 27830/2023 1.

As per the allegations levelled in the FIR, the petitioners harassed and misbehaved with the respondent No.2.

2.

Learned counsel for the petitioners submits that though the FIR was filed under the aforesaid sections, however, the dispute essentially relates to the land dispute with the complainant's husband. 3.

Learned APP for the State submits that in the present case the petitioners are the only accused persons who have been summoned and respondent Nos.2 to 3 are the complainants/victims. He further submits that the chargesheet in the present case has been filed. 4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Memorandum of Understanding dated 22.08.2024 and in terms of the settlement, respondent Nos.2 to 3 are now left with no claim or grievance whatsoever against the petitioners. 5.

The petitioners and respondent Nos.2 to 3, who are present in the Court, have been identified by their respective counsels as well as by the Investigating Officer.

6.

The petitioners have shown remorse for their conduct and they undertake not to repeat the same in future. Respondent Nos.2 to 3 state that they have entered into the aforesaid Memorandum of Understanding out of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

their own free will, volition and without any coercion. They further state that they have no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

8.

The parties shall remain bound by the statements made in Court today.

9.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

10.

With the above directions, the petition is disposed of alongwith the pending application.

MANOJ KUMAR OHRI, J SEPTEMBER 5, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.