Rishabh Goyal & ANR. v. State NCT Of Delhi And ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5689/2024 RISHABH GOYAL & ANR.
.....Petitioners Through:
Mr. Kushagra Goel, Mr. Abhimanyu Yadav, Mr. Puneet Kumar and Ms.
Meeta, Advocates with petitioners in person.
versus STATE NCT OF DELHI AND ANR.
.....Respondents Through:
Mr. Satinder Singh Bawa, APP for the State with SI Animesh Anand, PS Jagat Puri, Delhi.
Mr. Arun Kumar Gupta, Mr. Lovesh Goel and Ms.
Bharti Malik, Advocates for R2 with R2.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 26.07.2024 1.
The present Petition under Section 528 of the BNSS, has been filed jointly on behalf of the petitioners and the respondent Nos. 2 seeking quashing of FIR No. 77/2024 dated 23.01.2024, registered at Police Station Jagat Puri, Delhi, for the offences punishable under Sections 323/341/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'). 2.
Issue notice.
3.
Mr. Satinder Singh Bawa, learned APP accepts notice on behalf of the State.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Briefly stated, on 23.01.2024, the respondent No. 2, namely, Mr. Pawan Kumar Singh, parked his Mahindra Bolero Car on the main road in front of Mohini Traders and accidently left the key inside the car. The petitioner No. 1 asked the respondent No. 2, to move his car immediately. The respondent No. 2 explained that he had forgotten his key inside the car and would retrieve it after some time, which led to a quarrel between them. Later, petitioner No. 2 also joined the quarrel. 5.
As per the complaint of the respondent No. 2, FIR No. 77/2024 was registered at Police Station Jagat Puri.
6.
It has been submitted by learned counsel for both the parties that on the intervention of the family members, relatives and respectable persons, the matter has been amicably settled between the petitioners and the respondent No. 2, vide Memorandum of Settlement and Understanding (MOU) dated 27.06.2024. The Settlement Agreement dated 27.06.2024 is already on record. As per the terms of the MOU, the respondent No. 2, shall withdraw all cases and complaints, if any, filed against the petitioner No. 1 before any judicial and quasi-judicial authorities by way of a Withdrawal Application within 10 days, from signing of the aforesaid MOU. 7.
A request for quashing of the aforesaid FIR has been made on account of the MOU inter se the parties. In view of the Settlement, the present Petition has been filed.
8.
The parties are present in the Court in person and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily. 9.
Today, the complainant, who is present in the Court, states that he has no objection, if the FIR is quashed.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10.
In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion. Hence, it would be in the interest of justice, to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.
11.
Accordingly, FIR bearing No. 77/2024 dated 23.01.2024, registered at Police Station Jagat Puri, Delhi, for the offences punishable under Sections 323/341/506/34 of the IPC and all consequential proceedings emanating therefrom are quashed.
12.
The Petition stands disposed of.
NEENA BANSAL KRISHNA, J JULY 26, 2024/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.