Komal Preet Singh v. State Govt Of NCT Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ KOMAL PREET SINGH .....Petitioner Through:

Mr. Kishore and Mr. Harpreet Singh, Advocates with petitioner in-person.

versus STATE GOVT OF NCT OF DELHI & ORS.

.....Respondents Through:

Ms. Shubhi Gupta, APP for the State with SI Mukesh Yadav, P.S.: Hari Nagar.

Ms. Sunena Nigha, Advocate for the complainant.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 06.08.2024 CRL.M.A. 23183/2024 (exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.

By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioner and complainants/respondents Nos. 2 and 3 jointly seek quashing of case FIR No. 531/2020 dated 01.09.2020 registered under sections The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

354/354(A)/354(B)/509 of the Indian Penal Code, 1860 ('IPC') at P.S.: Hari Nagar, Delhi.

2.

The petition is premised on Memorandum of Understanding dated 20.02.2024, whereby the petitioner and respondents Nos. 2 and 3 have resolved the matter amicably.

3.

The petition is also supported by affidavits of the petitioner and of respondents Nos. 2 and 3, 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 Nos. 2 and 3, who have confirmed that they have now resolved the matter and a Memorandum of Understanding dated 20.02.2024 has been signed by them closing all issues amicably. Additionally, respondent No. 2 states that the pendency of the matter is interfering in the prospects of her marriage and in her day-to-day life; and she does not wish to pursue the matter any longer. Parties now wish to live in peace and harmony going forward.

6.

Ms. Shubhi Gupta, learned APP confirms that the State has no objection to the subject FIR being quashed.

7.

Though the parties have resolved the matter for the reasons explained to the court, in the opinion of this court the petitioner also needs to atone for the acts that led to the registration of the FIR. 8.

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

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. 9.

Accordingly, while quashing the FIR and all proceedings arising therefrom, the petitioner is directed to pay costs of Rs.10,000/- to Friendicoes SECA, No.271 & 273, Defence Colony Flyover Market, Jungpura, New Delhi within 02 weeks.

10.

Subject to the aforesaid condition, FIR No.

531/2020 dated 01.09.2020 registered under sections 354/354(A)/354(B)/509 IPC at P.S.: Hari Nagar, Delhi is quashed. All proceedings arising therefrom also stand closed.

11.

Petitioner is directed to place on record the proof of payment of costs, within 01 week of payment.

12.

The Registry is directed to re-list the matter if costs are not paid as directed.

13.

Petition stands disposed-of.

14.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J AUGUST 6, 2024/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.