Sanjeev Midha@Sanjeev Kumar & ORS. v. State (NCT Of Delhi) & ANR.

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6973/2022 & CRL.M.A. 12257/2023 & CRL.M.A. 12258/2023 SANJEEV MIDHA@SANJEEV KUMAR & ORS. .....Petitioners Through:

Mr. Randeep Singh and Ms. Ujala Vishnoi, Advocates versus STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Manoj Pant, APP for the State with IO, P.S. Paschim Vihar.

Mr. Iqbal Singh, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 31.01.2025 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereafter 'Cr.P.C.'), has been filed on behalf of the petitioners, seeking quashing of FIR bearing No. 416/2009, registered at Police Station Paschim Vihar, Delhi for offences punishable under Sections 326/324/34 of the Indian Penal Code, 1860 (hereafter 'IPC'). 2.

All the petitioners are present before this Court and have been identified by their counsel, Mr. Randeep Singh and the Investigating Officer (IO), Police Station Paschim Vihar, Delhi.

3.

Brief facts of the present case are that the present FIR has been registered on the statement of the complainant/respondent no. 2, at PS Paschim Vihar, Delhi for the offences punishable under Sections 326/324/34 of IPC against the petitioners. It was alleged in the said FIR that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioners and the respondent no. 2 were attending a marriage ceremony in the intervening night of 3-4 October, 2009 where an altercation had taken place between the petitioner no. 1 and the respondent no. 2 . Further, it was alleged that the petitioners hit the respondent no. 2 and caused injury to him. It is stated that both the parties had settled their disputes vide Memorandum of Understanding (MoU) dated 29.11.2022.

4.

On a query made by this Court, respondent no. 2 who has been identified by his counsel, has categorically stated that he has entered into a compromise out of his own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between them vide MoU dated 29.11.2022. Respondent no. 2 further stated that he has no objection if the present FIR is quashed. 5.

In view of the above facts, that the parties have amicably resolved their differences out of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 6.

Accordingly, FIR bearing No. 416/2009, registered at Police Station Paschim Vihar, Delhi for offences punishable under Sections 326/32434 of IPC and all consequential proceedings emanating therefrom are quashed, subject to petitioners depositing a sum of Rs. 15,000/- with Advocates Welfare Fund, Tis Hazari Courts, Delhi within a period of one week. 7.

In view of the above, the petition along with pending applications stands disposed of.

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

8.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 31, 2025/zp Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.