Paramjeet Singh @ Raja Dj & ORS. v. State Of NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6656/2024 & CRL.M.A. 25411/2024 PARAMJEET SINGH @ RAJA DJ & ORS.

.....Petitioners Through:

Mr.

Gautam Malik and Ms.

Manvantra Singh Rekhi, Advocates with petitioners in-person.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Shubhi Gupta, APP for the State.

SI Ankur Kardam, P.S.: Tilak Nagar.

R-2 via video-conferencing.

R-3 in person.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 19.11.2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973 ('Cr.P.C.') read with Article 227 of the Constitution of India, the petitioners seek quashing of case FIR No.

214/2019 dated 25.04.2019 registered under sections 452/323/506/34 of the Indian Penal Code, 1860 ('IPC') and sections 27/54/59 of Arms Act, 1959 ('Arms Act') at P.S.: Tilak Nagar, Delhi ('subject FIR').

2.

Pursuant to what was recorded in order dated 27.08.2024, the petitioners have placed on record another Settlement Agreement, engrossed on stamp paper dated 13.10.2024, with the other victim in the matter i.e., Mandeep Singh s/o Jasbir Singh, which reflects that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the parties have mutually resolved their disputes and the said victim also no longer wishes to pursue any further proceedings in the subject FIR. A copy of the second settlement agreement has been filed on record.

3.

The petitioners have already settled their disputes with respondent No. 2 - Paramjeet Singh s/o Gyan Singh - by way of Settlement Deed, engrossed on stamp paper dated 26.07.2024. A copy of the first Settlement Deed stands filed along with the present petition. 4.

Though the petitioners have not filed an amended memo of parties, on oral prayer made on behalf of the petitioners, Mandeep Singh s/o Jasbir Singh is taken to have been impleaded a party-respondent No.3 in the matter, so as not to delay the matter any further. 5.

The petition is also supported by affidavits of the petitioners and of respondent No. 2, alongwith proof of their IDs. 6.

The petitioners as well as respondent No.3 are present in court. Respondent No.2 has joined the proceedings via video-conferencing. Their credentials have been verified and they have also been identified by the Investigating Officer.

7.

Upon being queried, the contesting parties inform the court, that the genesis of the matter is a financial transaction between the petitioners and respondent No.2. Though the subject FIR also has allegations sections 27/54/59 of the Arms Act, respondent No.2 submits that the petitioners were not carrying any firearm but since the incident occurred at night, he mistook some other object for a revolver. 8.

The court has interacted with the contesting parties, who have confirmed that they have now resolved the matter and the two The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Settlement Deeds have been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

9.

Ms. Shubhi Gupta, learned APP confirms that the State has no objection to the subject FIR being quashed.

10.

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. 11.

That said however, considering the genesis of the matter, the subject FIR is quashed subject to each of the petitioners paying costs of Rs.7,500/- to Friendicoes SECA, No.271 & 273, Defence Colony Flyover Market, Jungpura, New Delhi within 04 weeks. Petitioners are directed to place on record the proof of payment of costs within 01 thereafter.

12.

Subject to the aforesaid condition, FIR No.214/2019 dated 25.04.2019 registered under sections 452/323/506/34 IPC and sections 27/54/59 Arms Act at P.S.: Tilak Nagar, Delhi is quashed. All proceedings arising therefrom also stand closed.

13.

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

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

14.

The petition stands disposed-of, in the above terms. 15.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J NOVEMBER 19, 2024/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.