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High Court of DelhiCRL.M.C./6223/2024

J.M.Housing Ltd & ORS. v. State Of NCT Of Delhi And ANR.

2024-08-12Hon'Ble Mr. Justice Anup Jairam Bhambhani3 pages

$~50 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ J.M.HOUSING LTD & ORS.

.....Petitioners Through:

Mr. Kamal Kapoor, Advocate and petitioners Nos. 2 to 4 via videoconferencing. versus STATE OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Manoj Pant, APP for the State with Mr. Mridul Arora, Mr. Nitin Bhardwaj, Ms. Parul Sharma, Mr.

Himanshu and Mr. Joel James, Advocates.

SI Ashish Kumar, P.S.:

Dwarka North.

Mr. Amit Khanna, Advocate for R2 with R2 in-person.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 12.08.2024 CRL.M.A. 23772/2024 Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.

Crl. M.C.6223/2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioners and complainant/respondent No. 2, seek quashing of case FIR No.

79/2021 dated 12.02.2021 registered under sections 420/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Dwarka North, Delhi. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

The petition is premised on Settlement Deed dated 18.07.2024, arrived at through mediation before the Mediation Centre, Dwarka Courts, New Delhi whereby the petitioners and respondent No. 2 have resolved the matter 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.

Petitioner No.1 is a company. Petitioners Nos. 2 to 4 have joined the proceedings via video-conferencing and respondent No.2 is present in court. Their credentials have been verified and they have also been identified by their respective counsel.

5.

The court has interacted with petitioners Nos. 2 to 4, as also with respondent No.2, who have confirmed that they have now resolved the matter and a Settlement Deed dated 18.07.2024 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

6.

Mr. Manoj Pant, 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.

8.

Accordingly, FIR No. 79/2021 dated 12.02.2021 registered under sections 420/406/34 IPC at P.S.: Dwarka North 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 12, 2024 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.