Jia Malhotra & ANR. v. State NCT Of Delhi And ANR
$~65 & 42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6526/2024 & CRL.M.A. 24957/2024 JIA MALHOTRA & ANR.
.....Petitioners Through:
Mr. Krishna Datta Multani, Adv. with Mr. Zeeshan Diwan, Adv. (DHCLSC) and Mr. Ahmed Faraz, Adv.
versus STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Hitesh Vali, APP for the State with SI Bahadur Singh PS Dwarka South, ASI Deepak PS Baba Haridas Nagar and SI Jyoti PS Sector-23, Dwarka.
Mr. Nitin Saluja, Adv. (DHCLSC), Ms.
Simran Khurana and Ms.
Sanskriti Bansal, Advs. for R-2.
+ CRL.M.C. 4771/2024 PUSHPA PAL .....Petitioner Through:
Mr. Krishna Datta Multani, Adv. with Mr. Zeeshan Diwan, Adv. (DHCLSC) and Mr. Ahmed Faraz, Adv.
versus STATE OF NCT OF DELHI AND ANR.
.....Respondents Through:
APP Pradeep Gahalot with Adv.
Hanumanth Sakhuja Adv. Sunny Sharma Adv. Anubhav Jain Adv.
Nayan Saini Adv. Shubham Kumar Adv. Dhruv Goyal Adv. Shristhi Setia Adv. Savi abbot Adv. Deepankar Kataria with SI Bahadur Singh PS Dwarka South, ASI Deepak PS Baba Haridas Nagar and SI Jyoti PS SectorThe authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
23, Dwarka.
Mr. Nitin Saluja, Adv. (DHCLSC), Ms.
Simran Khurana and Ms.
Sanskriti Bansal, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 22.08.2024 1.
These petitions have been filed seeking quashing of cross-FIR No.99/2019 and No.98/2019 PS Dwarka South registered at the behest of the parties under various provisions, including Sections 323/341/506/509/354A/354B IPC. The parties have resolved their disputes through a settlement with the facilitation of the Mediation Centre, Dwarka Courts dated 12th January, 2024, which is on record of this Court. 2.
The complainants and the accused in both these matters are present before this Court and duly identified by the IO. 3.
The complainant states that they do not wish to pursue these matters any further, since the issues have been resolved. 4.
Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No.99/2019 and No.98/2019 PS Dwarka South registered at the behest of the parties under various Sections including Sections 323/341/506/509/354A/354B IPC and proceedings emanating therefrom are quashed.
5.
Parties shall abide by the terms of settlement. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
6.
Accordingly, the petitions are disposed of. Pending applications (if any) are disposed of as infructuous.
7.
In these circumstances, since the FIRs are of 2019 and charge-sheet has already been filed, and the plea of the APP for the State, the respective complainants Jia Malhotra and Pushpa Pal will deposit a cost of Rs.5,000/- each in the Delhi High Court Legal Services Committee within a period of two weeks. Both these parties are represented through counsels from DHCLSC.
8.
An affidavit of deposit be filed within two weeks thereafter. 9.
Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 22, 2024/MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.