Manoj Yadav v. State NCT Of Delhi And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MANOJ YADAV .....Petitioner Through:

Mr. Vishnu Kant Pandey, Advocate with petitioner.

versus STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Ms. Shubhi Gupta, APP for the State with SI Nitin Kumar, P.S; Farsh Bazar.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 21.08.2024 Crl. M.C. 6498/2024 By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks quashing of case FIR No.276/2016 dated 23.06.2016 registered under sections 354/354-B/509 of the Indian Penal Code, 1860 ('IPC') at P.S.: Farsh Bazar, Delhi.

2.

The petition is premised on Settlement Deed dated 27.07.2024, 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 contesting parties are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

The court has interacted with the petitioner, as also with respondent No.2, who have confirmed that they have now resolved the matter and a Settlement Deed dated 27.07.2024 has been signed by them closing all issues amicably. Parties 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 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, the petitioner shall pay costs of Rs.15,000/- to Friendicoes SECA, No.271 & 273, Defence Colony Flyover Market, Jungpura, New Delhi, within 02 weeks. 9.

Subject to the aforesaid condition, FIR No.276/2016 dated 23.06.2016 registered under sections 354/354-B/509 of the IPC at P.S.: Farsh Bazar, Delhi is quashed. All proceedings arising therefrom also stand closed.

10.

Petitioner is directed to place on record the proof of payment of costs within 01 week thereafter.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

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

12.

The petition stands disposed-of.

13.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J AUGUST 21, 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.