Neeraj Kumar v. The State (Through Shop Ps Prem Nagar) & ANR.

$~81 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6036/2024 & CRL.M.A. 23032/2024 NEERAJ KUMAR .....Petitioner Through:

Mr. Babu Lal Narnaulia with Mr.

Abhishek Chand and Mr. Rahul Saini, Advocates alongwith petitioner inperson.

versus THE STATE (THROUGH SHO PS PREM NAGAR) & ANR.

.....Respondents Through:

Mr. Manoj Pant, APP for the State with Mr. Shardul Singh, Mr. Achint Kumar, Mr. Kaushikesh Kumar, Mr.

S. Borkataky, Ms. Ruchika Rathi and Mr. Sujeet Kumar Singh, Advocates.

ASI Ramesh Kiumar and HC Arvind Pandey, P.S.: Prem Nagar.

R2 in-person.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 05.08.2024 CRL.M.A. 23033/2024 Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.

Crl. M.C. 6036/2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioner seeks quashing of case FIR No.45/2023 dated 19.01.2023 registered under sections 506/509 of the Indian Penal Code, 1860 ('IPC') at P.S.: Prem Nagar, Delhi.

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

2.

The petition is premised on Memorandum of Understanding/Compromise dated 26.07.2024, whereby the petitioner and respondent No. 2 have resolved the matter amicably. 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 Memorandum of Understanding/Compromise dated 26.07.2024 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 subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Accordingly, FIR No.45/2023 dated 19.01.2023 registered under sections 506/509 IPC at P.S.: Prem 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 AUGUST 5, 2024 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.