Pradeep Chahal v. State The NCT Of Delhi And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ PRADEEP CHAHAL .....Petitioner Through:

Mr. Surender Singh, Advocate via video-conferencing.

versus STATE THE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Utkarsh, APP for the State with Ms. Garima Khetal, Mr. Abhinav Sharma, Mr. Vijay Kumar and Mr.

Nikhil Tyagi, Advocates.

SI Jeetendra Kr., P.S.: Mukherjee Naghar.

Ms. Sanya Kapur Wadhwa, Advocate for the complainant with complainant in-person.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 19.07.2024 By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner and complainant/respondent No.

2, seek quashing of case FIR No.209/2018 dated 19.04.2018 registered under sections 354/354(B)/509/506 of the Indian Penal Code, 1860 ('IPC') at P.S.: Mukherjee Nagar.

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

2.

The petition is premised on Memorandum of Understanding dated 20.05.2024, 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. 4.

The contesting parties are present in court. 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 dated 20.05.2024 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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Accordingly, FIR No. 209/2018 dated 19.04.2018 registered under sections 354/354(B)/509/506 IPC at P.S.: Mukherjee Nagar 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 JULY 19, 2024 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.