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High Court of DelhiW.P.(CRL)/2358/2024

Anuj Gupta & ORS. v. The State (Govt. Of NCT Of Delhi) & ORS.

2024-08-05Hon'Ble Mr. Justice Anup Jairam Bhambhani3 pages

$~72 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ANUJ GUPTA & ORS.

.....Petitioners Through:

Mr. Aman Saroha, Advocate.

versus THE STATE (GOVT. OF NCT OF DELHI) & ORS.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for the State with Mr. Abhinav Kumar, Advocate.

SI Ramavtar, P.S. Hauz Khas.

Ms. Khushi Sharma, Advocate for Respondents Nos. 2 & 3.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 05.08.2024 CRL.M.A. 22988/2024 (exemption) Exemption granted, subject to just exceptions. The application stands disposed-of.

By way of the present petition filed under section 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners seek quashing of case FIR No.177/2021 dated 27.05.2021 registered under sections 323/341/506/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Hauz Khas, New 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 supported by affidavits of the petitioners and of respondents Nos. 2 and 3, alongwith proofs of their I.D.s. 3.

The contesting parties are present in court. Their credentials have been verified and they have also been identified by their respective counsel. Petitioner No.1 and respondent No.3 are real brothers; and petitioner No.3 is their sister; other parties in the present proceedings are their relatives through marriage.

4.

The court has interacted with the petitioners, as also with respondents, who have confirmed that, though no written settlement has been signed by them, they have now resolved the matter and closed all issues amicably. Parties now wish to live in peace and harmony going forward.

5.

Learned counsel appearing for the State confirms that the State has no objection to the subject FIR being quashed.

6.

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 verbal 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. 7.

Accordingly, FIR No. 177/2021 dated 27.05.2021 registered under sections 323/341/506/34 IPC at P.S.: Hauz Khas, 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.

8.

Petition stands disposed-of.

9.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J AUGUST 5, 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.