Md Sarwar & ORS. v. State Through Sho Ps Sangam Vihar & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MD SARWAR & ORS.

.....Petitioners Through:

Mr. Brahmanand Gupta, Advocate.

versus STATE THROUGH SHO PS SANGAM VIHAR & ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State with ASI R. Singh, P.S. Sangam Vihar.

Ms.

Kavita Vinayak, Mr.

Samar Kachwaha and Ms. Shivangi Nanda, Advocates for R2.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 09.08.2024 CRL.M.A. 23618/2024 (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, the petitioners, who are the former in-laws of complainant/respondent No. 2, seek quashing of case FIR No. 870/2022 dated 20.12.2022 registered under sections 323/354/354-B/506/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Sangam Vihar, District South, Delhi.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/08/2024 at 15:11:51

2.

The petition is premised on Settlement Agreement dated 07.02.2024 arrived at through mediation before the Mediation Centre, Saket Courts, New Delhi.

3.

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

The petitioners as well as 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 queried respondent No. 2, who states that she is also petitioner No.3 in CRL.M.C. 6172/2024 in which a cross-FIR No.119/2022 dated 09.02.2022 registered under sections 498A/406/354/34 at P.S. Sangam Vihar, Delhi has already been quashed. In light of the same, respondent No.2 states that she does not wish to pursue the present matter; and confirms that the present FIR be also quashed.

6.

Mr. Shoaib Haider, 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. The Order is downloaded from the DHC Server on 21/08/2024 at 15:11:51

8.

Accordingly, FIR No. 870/2022 dated 20.12.2022 registered under sections 323/354/354-B/506/34 of the IPC at P.S.: Sangam Vihar, District South, 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 9, 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. The Order is downloaded from the DHC Server on 21/08/2024 at 15:11:52