Pankaj Arora & ORS. v. The State NCT Of Delhi & ORS.
$~49 & 51 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6293/2024 & CRL.M.A. 24099/2024 PANKAJ ARORA & ORS.
.....Petitioners Through:
Mr. Rishab Raj Jain, Advocate with petitioners in person.
versus THE STATE NCT OF DELHI & ORS.
.....Respondents Through:
Ms. Shubhi Gupta, APP for the State with SI Ramavtar, HC Pankaj Kumar, P.S: Hauz Khas.
+ CRL.M.C. 6302/2024 & CRL.M.A. 24115/2024 SAURABH KHANNA & ORS.
.....Petitioners Through:
Mr. Rishab Raj Jain, Advocate with petitioners in person.
versus THE STATE NCT OF DELHI & ORS.
.....Respondents Through:
Ms. Shubhi Gupta, APP for the State with SI Ramavtar, HC Pankaj Kumar, P.S: Hauz Khas.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 14.08.2024 CRL.M.A. 24100/2024 (exemption) in CRL.M.C. 6293/2024 CRL.M.A. 24116/2024 (exemption) in CRL.M.C. 6302/2024 Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.
CRL.M.C. 6293/2024 CRL.M.C. 6302/2024 By way of the present petitions filed under section 482 of the Code of Criminal Procedure 1973 read with Article 227 of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Constitution of India, the the parties seek quashing of case FIR No. 343/2021 dated 21.10.2021 registered under sections 323/341/506/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Hauz Khas, New Delhi in CRL.M.C. No. 6293/2024; and case FIR No. 342/2021 dated 21.10.2021 registered under sections 323/341/506/34 IPC at P.S.: Hauz Khas, New Delhi in CRL.M.C. No. 6302/2024. 2.
The petitions are premised on Compromise Deed dated 26.02.2024, whereby the the parties have resolved the matters amicably. 3.
The petitions are also supported by affidavits of all the parties, alongwith proofs of their I.D.s.
4.
The contesting parties are present in court and via video-conferencing. Their credentials have been verified and they have also been identified by the Investigating Officer.
5.
The court has interacted with the parties, who have confirmed that they have now resolved their disputes and a Compromise Deed dated 26.02.2024 has been signed by them closing all issues amicably. Parties state that they are neighbor and now wish to live in peace and harmony going forward.
6.
Ms. Shubhi Gupta, 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
between the parties, continuing with the subject FIRs and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties, who are stated to be neighbours.
8.
While allowing the petitions however, in view of the backdrop in which the cross-FIRs came to be registered, this court considers it appropriate, that by way of atonement, the parties shall pay costs of Rs.10,000/- each to Friendicoes SECA, No.271 & 273, Defence Colony Flyover Market, Jungpura, New Delhi, within 02 weeks. 9.
Subject to the aforesaid condition, FIR No.
343/2021 dated 21.10.2021 registered under sections 323/341/506/34 IPC at P.S.: Hauz Khas, New Delhi and FIR No. 342/2021 dated 21.10.2021 registered under sections 323/341/506/34 IPC at P.S.: Hauz Khas, New Delhi are quashed. All proceedings arising therefrom also stand closed.
10.
The parties are directed to place on record the proof of payment of costs, within 01 week after payment.
11.
The Registry is directed to re-list the matter if costs are not paid as directed above.
12.
The petitions stand disposed-of.
13.
Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J AUGUST 14, 2024/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.