Sumit Gulia And ANR v. State Of NCT Of Delhi And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SUMIT GULIA AND ANR .....Petitioners Through:

Ms.

Swati Rathi, ms.

Chetishtha Malik and Mr. Luv, Advocates.

versus STATE OF NCT OF DELHI AND ORS .....Respondents Through:

Mr.

Manoj Pant, APP with Mr.

Pradeep Walia, Mr. Y.S. Mathur, Ms.

Amita Goyal, Ms. Manjul Kumar Tiwari and Mohd.

Shahrukh, Advocates.

SI Rajesh Kumar, P.S. Mukherjee Nagar.

Mr. Prem Sood and Mr. Dilbagh Singh, Advocates for complainant.

Respondent No. 2 & 3 present via video-conferencing.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 23.07.2024 CRL.M.A. 20988/2024 (exemption) CRL.M.A. 20989/2024 (exemption) Exemptions granted, subject to just exceptions. Let requisite compliances be made within 01 week. The applications stand disposed-of.

By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973 ('Cr.P.C.'), the petitioners, the complainant/respondent No. 2 as well as respondent No. 3, seek The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashing of case FIR No. 94/2021 dated 31.03.2021 registered under sections 452/323/354B/509/149/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Mukherjee Nagar, Delhi.

2.

The petition is premised on Compromise Deed/Memorandum of Understanding dated 15.07.2024, whereby the petitioners and respondent No. 2 and 3 have resolved the matter amicably. 3.

The petition is also supported by affidavits of the petitioners and of respondent No. 2 and 3, 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 and by the Investigating Officer.

5.

The court has interacted with the petitioners, as well as with the respondents who have appeared. The parties have confirmed that they have now resolved their disputes and a Compromise Deed/Memorandum of Understanding dated 15.07.2024 has been signed by them, closing all issues amicably. Parties now wish to live in peace and harmony going forward.

6.

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

subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 8.

Accordingly, FIR No. 94/2021 dated 31.03.2021 registered under sections 452/323/354B/509/149/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Mukherjee Nagar, 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 JULY 23, 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.