Mohd Iqbal & ORS. v. State NCT Of Delhi Through Sho Preem Nagar Police Station & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MOHD IQBAL & ORS.

.....Petitioners Through:

Mr. Jatin Rajput, Advocate.

Petitioners in-person.

versus STATE NCT OF DELHI THROUGH SHO PREM NAGAR POLICE STATION & ORS.

.....Respondents Through:

Mr. Manoj Pant, APP for the State with Mr. S. N. Verma, Mr. Vinod Kumar, Mr. Aditya Raina, Ms. M.

Gupta Mishra, Advocates with SI Sandeep Chauhan, P.S: Prem Nagar.

Mr. Rajesh Kumar Jha and Mr. Varun Panwar, Advocates for R-2.

Respondent No.2 in-person.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 08.08.2024 CRL.M.A. 23497/2024 (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 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 ('BNSS'), the petitioners seek quashing of case FIR No. 0093/2020 dated 04.03.2020 registered The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

under sections 420/468/471/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Prem Nagar, Delhi ('subject FIR').

2.

The petition is premised on an oral settlement whereby the petitioners and respondent No.2 have resolved their disputes amicably. 3.

The petition is also supported by affidavits of the petitioners and of respondent No. 2, alongwith proofs of their I.D.s. 4.

The petitioners and respondent No. 2 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 petitioners, as also with respondent No.2, who have confirmed that they have now resolved the matter. Parties now wish to live in peace and harmony going forward. 6.

Mr. Manoj Pant, learned APP appearing for the State points-out, that there were four accused persons in the FIR; and that one of them, one Bhoop Singh, arrayed as respondent No.3 in the present petition has been absconding and has been declared a proclaimed offender. 7.

Respondent No.2 states that he has resolved his disputes with the petitioners and that the petitioners have collectively paid to him the entire amount that was subject matter of the dispute. He submits, that he does not wish to pursue the FIR against the petitioners nor against Bhoop Singh/respondent No.3.

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 & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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, FIR No. 0093/2020 dated 04.03.2020 registered under sections 420/468/471/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Prem Nagar, Delhi is quashed qua all accused persons. All proceedings arising therefrom also stand closed. 10.

Petition stands disposed-of.

11.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J AUGUST 8, 2024/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.