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High Court of DelhiCRL.M.C./6182/2024

Anil Choudhary Alias Anil Kumar And ORS v. State NCT Of Delhi And ANR

2024-08-13Hon'Ble Mr. Justice Subramonium Prasad3 pages

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANIL CHOUDHARY ALIAS ANIL KUMAR AND ORS.

.....Petitioners Through:

Mr. Dheeraj Tanwar (D/1691/2020), Advocate along with Petitioners in person.

versus STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State.

Mr. Ikrant Sharma (D/772/2000), Mr.

Mann Sehgal (D/4931/2020), Ms.

Shweta Sharma (D/4004/2012) and Ms. Priyanka Verma (D/8313/2018), Advocates for R-2 along with Respondent No.2 in person.

SI Jay Prakash (D-677), PS Inder Puri

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 13.08.2024 CRL.M.A. 23630/2024 (Exemption) Allowed, subject to all just exceptions.

1.

The present petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Petitioners for quashing FIR No.292/2015 dated 01.10.2015, registered at Police Station Inder Puri for offences punishable under Sections 448/454/380/34 IPC. 2.

The present FIR is an outcome of a dispute over a property between the Petitioners and the Respondent No.2/complainant and, therefore, on the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

complaint of Respondent No.2/complainant, the present FIR has been registered against the Petitioners.

3.

It is stated that the Respondent No.2/complainant and the Petitioners have settled the matter amicably vide a Memorandum of Understanding (MoU) dated 27.07.2024. A copy of the said MoU dated 27.07.2024 has been filed with the petition at Annexure P-2. 4.

Today, the Parties are present in Court. The Petitioners have been identified by their Counsel and the Investigating Officer. The Respondent No.2/complainant has been identified by his Counsel and the Investigating Officer. The Respondent No.2/complainant states that she has settled all the disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue the present case any further and requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the settlement arrived at between them and the proceedings recorded before this Court.

5.

The Parties who are present in Court today understand the implication of the present proceedings. In view of the settlement arrived at between the Parties and the present case is squarely covered under the law laid down by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, this Court is of the opinion that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.292/2015 dated 01.10.2015, registered at Police Station Inder Puri for offences punishable under Sections 448/454/380/34 IPC and the proceedings emanating therefrom are hereby quashed.

6.

The petition stands disposed of in above terms, along with pending The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

application(s), if any.

SUBRAMONIUM PRASAD, J AUGUST 13, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.