Mohit v. The State (NCT Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MOHIT .....Petitioner Through:

Mr. Vijay Singh, Mr. Shubh Goyal, Mr. Ashwini Kumar and Ms. Parul Srinivas, Advocates.

versus THE STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Rahul Tyagi, ASC for the State with SI Sunder Singh, P.S. Nangloi.

Mr. S.P. Jain, Advocate for R2 via video-conferencing.

Respondent No.2 in person via videoconferencing.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 13.08.2024 CRL.M.A. 23919/2024 (exemption) Exemption granted, subject to just exceptions. The application stands disposed-of.

By way of the present petition filed under Article 226/227 of the Constitution of India read with section 482 of the Code of Criminal Procedure 1973, the petitioner seeks quashing of case FIR No.

373/2014 dated 02.06.2014 registered under sections 354/452/506/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Nangloi, Delhi ('Subject FIR').

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 Agreement dated 09.04.2024, whereby the petitioner and respondent No. 2 have resolved the matter amicably.

3.

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

The petitioner is present in-court. Respondent No.2 has joined the proceedings via video-conferencing alongwith her counsel. Their credentials have been verified and they have also been identified by their respective counsel and by the Investigating Officer, who is present in court.

5.

The court has interacted with the petitioner as well as with respondent No.2, who have confirmed that they have now resolved the matter and a Settlement Agreement dated 09.04.2024 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

6.

Mr. Rahul Tyagi, learned ASC 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. 373/2014 dated 02.06.2014 registered under sections 354/452/506/34 IPC at P.S.: Nangloi, 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 13, 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.