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High Court of DelhiW.P.(CRL)/3418/2023

Bhumika Sharma & ORS. v. State Of N.C.T. Of Delhi Through Sho P.S. Shalimar Bagh, & ANR.

2024-08-30Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~35 & 36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3418/2023 BHUMIKA SHARMA & ORS.

.....Petitioners Through:

Mr. Manish Gupta, Mr.Amit Thakur, Mr.

Mohan Sharma and Mr.

R.S.Shishodia, Advocates.

versus STATE OF N.C.T.

OF DELHI THROUGH SHO P.S. SHALIMAR BAGH, & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel.

+ W.P.(CRL) 3419/2023 POOJA JHA & ORS.

.....Petitioners Through:

versus STATE OF NCT DELHI THROUGH SHO P.S. SHALIMAR BAGH, NORTH-WEST DELHI & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel.

Mr. Manish Gupta, Mr.Amit Thakur, Mr.

Mohan Sharma and Mr.

R.S.Shishodia, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 30.08.2024 1.

W.P.(CRL) 3418/2023 under Section 226 of the Constitution of India read with Section 482 of the Code of Civil Procedure, 1973 (hereinafter referred to as "Cr.P.C., 1973") has been filed on behalf of the petitioners seeking to quash the FIR No. 509/2023 dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

06.09.2023 registered under Sections 323/354/341/356/506/509/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Shalimar Bagh, Delhi and W.P.(CRL) 3419/2023 under Section 226 of the Constitution of India read with Section 482 of the Code of Civil Procedure, 1973 (hereinafter referred to as "Cr.P.C., 1973") has been filed on behalf of the petitioners seeking to quash the FIR No. 508/2023 dated 06.09.2023 registered under Sections 323/354(AY354(B)/341/356/506/509/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Shalimar Bagh, Delhi.

2.

It is submitted that these are cross FIRs which got registered inter-se the families of the brothers. Now they have amicably settled the matter within 15 days of registration of FIR vide Settlement Agreement dated 27.09.2023.

3.

It is submitted that the parties have settled all the disputes and differences between them vide Settlement Agreement dated 27.09.2023.

4.

In view of the Settlement Agreement dated 27.09.2023, the present petition has been filed.

5.

The petitioners and the respondents are present in person in the Court today, and they have been identified by their counsel and Investigating Officer concerned.

6.

The parties have submitted that all the disputes have been amicably settled vide Settlement Agreement dated 27.09.2023 and thus, no fruitful purpose will be served in continuing with the FIRs. 7.

The present petitions have been signed by the petitioners and is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

supported by their affidavits as well as of respondents. The parties have endorsed and reaffirmed the terms of the settlement and they also submit that the said settlement has been arrived at between the parties without any pressure and coercion.

8.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the parties are neighbours, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

9.

Moreover, there is no legal impediment in quashing the FIRs in question.

10.

Accordingly, FIR No. 509/2023 dated 06.09.2023 registered under Sections 323/354/341/356/506/509/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Shalimar Bagh, Delhi and FIR No. 508/2023 dated 06.09.2023 registered under Sections 323/354(AY354(B)/341/356/506/509/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Shalimar Bagh, Delhi and all consequential proceedings emanating therefrom are quashed.

11.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J AUGUST 30, 2024/rk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.