Jaideep Singh & ANR. v. The State NCT Of Delhi And ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6189/2024 JAIDEEP SINGH & ANR.

.....Petitioners Through:

Mr. J.K. Verma with Mr. Sarat, Advocates and petitioners in court.

versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Ms. Manjeet Arya, APP for the State.

Ms. Prachi Yadav, Advocate for R2 with R2 in court.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 25.11.2024 CRL.M.A. 23656/2024 Exemption granted, subject to just exceptions. The application stands disposed-of.

CRL.M.C. 6189/2024 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. 0342/2018 dated 21.06.2018 registered under sections 354/509/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Mehrauli, Delhi.

2.

The petition is premised on Memorandum of Understanding dated 04.04.2024 ('MoU'), whereby the petitioners and respondent No. 2 have resolved the matter amicably.

3.

The petition is supported by affidavits of the petitioners, as well as of respondent No. 2, alongwith proof of their IDs. CRL.M.C. 6189/2024 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 respondent No.2, as also with petitioners, who have confirmed that they have now resolved the matter and the MoU has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

6.

Ms. Manjeet Arya, learned APP appearing on behalf of the State 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. 8.

While allowing the petition however, this court considers it appropriate, that by way of atonement, each petitioner shall pay costs of Rs.7,500/- each to Friendicoes SECA, No.271 & 273, Defence Colony Flyover Market, Jungpura, New Delhi within 04 weeks. The petitioners are directed to place on record the proof of payment of costs within 01 thereafter.

CRL.M.C. 6189/2024 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

Subject to the aforesaid condition, FIR No. 0342/2018 dated 21.06.2018 registered under sections 354/509/34 IPC at P.S.: Mehrauli, Delhi is quashed. All proceedings arising therefrom also stand closed.

10.

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

11.

The petition stands disposed-of.

12.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J NOVEMBER 25, 2024 ds CRL.M.C. 6189/2024 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.