Manish Anand v. The State NCT Of Delhi & ANR.

$~218 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MANISH ANAND .....Petitioner Through:

Mr. Sanket Agarwal, Advocate.

versus THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Amit Peswani, Advocate for Ms.

Nandita Rao, ASC for the State.

SI Pardeep Kumar, P.S.

Rajouri Garden.

Mr. Avdhesh Sharma, Adv. For R2.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 02.08.2024 CRL.M.A.22708/2024 (exemption) Exemption granted, subject to just exceptions. The application stands disposed-of.

Crl. M.C. 2324/2024 By way of the present petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks quashing of case FIR No.353/2024 dated 17.06.2024 registered under section 279 of the Indian Penal Code, 1860 ('IPC') at P.S.: Rajouri Garden, New Delhi. 2.

The petition is premised on Memorandum of Settlement attested on 22.07.2024, whereby the petitioner and respondent No.2 have resolved their disputes amicably.

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

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 a Memorandum of Settlement attested on 22.07.2024 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

6.

Mr. Amit Peswani, learned counsel appearing for Ms. Nandita Rao, learned ASC (Crl.) 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. 8.

Accordingly, case FIR No.353/2024 dated 17.06.2024 registered under section 279 of the IPC at P.S.: Rajouri Garden, New Delhi is quashed. All proceedings arising therefrom also stand closed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

Petition stands disposed-of.

10.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J AUGUST 2, 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.