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High Court of DelhiCRL.M.C./5796/2024

Dharmendra Kumar@ Dharminder & ORS. v. State NCT Of Delhi And ANR

2025-01-10Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5796/2024 DHARMENDRA KUMAR@ DHARMINDER & ORS.

.....Petitioner Through:

Mr. Aman Mudgal, Advocate with petitioner nos. 1, 3 and 4 in person and petitioner no. 2 through VC.

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

Mr. Pradeep Gahlot, APP for the State with SI Parminder Kumar, P.S.

Aman Vihar.

Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 10.01.2025 CRL.M.A. 22170/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 5796/2024 and CRL.M.A. 518/2025 (for filing additional documents) 3.

The present petition has been filed under Section 482 of the Cr.P.C. seeking quashing of FIR No. 369/2016 under Sections 323/341/452/34 IPC registered at Police Station Aman Vihar, Outer District, Delhi, and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4.

Issue notice. The learned APP for the State accepts notice. He submits The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

that since the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed 5.

The petitioner no. 1, 3 and 4, as well as, respondent no. 2 are present in Court whereas petitioner no.2 has joined through VC. They have been identified by their respective counsel, as well as, IO i.e. SI Parminder Kumar, P.S. Aman Vihar, Delhi.

6.

The brief facts of the case are that the petitioners and respondent no.2 were living in the same locality and it is due to their previous dispute a quarrel took place, which led to the registration of aforesaid FIR on 26.03.2016 at the instance of respondent no.2. 7.

During the pendency of the proceedings, the parties have arrived at a settlement. A Settlement Deed dated 12.02.2024 has been executed between the petitioner nos.1 to 3 and respondent no.2 whereas a Settlement Deed dated 23.07.2024 has been executed between petitioner no.4 and respondent no.2. A copy each of said Settlement Deeds are annexed as Annexure-D and Annexure-E, respectively to the present petition. 8.

It has been recorded in the aforesaid Settlement Deeds that the parties have amicably resolved all their disputes and differences. It is also a term of the said settlement that the parties shall cooperate with each other in quashing of the aforesaid FIR.

9.

On a query put by this Court, the respondent no.2, who is present in court, states that he has no objection in case the FIR is quashed 10.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

11.

It is, thus, in the interest of justice that the present FIR and all the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

other proceedings emanating therefrom be quashed. 12.

Consequently, the petition is allowed and the FIR No. 369/2016 under Sections 323/341/452/34 IPC registered at Police Station Aman Vihar, Outer District, Delhi, alongwith all other proceedings emanating therefrom, is quashed.

13.

The petition along with pending application stands disposed of in the above terms.

14.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J JANUARY 10, 2025/ AK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.