Himanshu Ranjan Mishra & ORS. v. State NCT Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ HIMANSHU RANJAN MISHRA & ORS. .....Petitioners Through:

Mr. Ankush Bhardwaj & Mr.

Sandeep Kataria, Advocates alongwith Petitioner No.2 (Through V.C.).

versus STATE NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Anand V. Khatri, ASC-CRL for the State.

SI Meetu Yadav & SI Khushboo (P.S. G.K.-I).

Mr. Nikhil Rohatgi, Mr.

Sagar Suri, Mr. Shashank Khurana, Mr. Shubham Gupta & Mr. Kabir Sagar Ghosh, Advocates for Respondent No.3/Complainant alongwith Respondent No.3/Sagar Suri-in-Person.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 02.09.2024 CRL.M.A. 26337/2024 (exemption from filing certified copies of the annexures) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

3.

The present petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') read with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Article 226 of the Constitution of India seeking quashing of FIR No. 207/2023 dated 22.08.2023, registered at Police Station Greater Kailash, for offences punishable under Sections 323/341/34 of the Indian Penal Code, 1860 ('IPC'), including all consequential proceedings arising therefrom. The said FIR was registered on a complaint given by Respondent No.3/complainant.

4.

It is alleged that when Respondent No.3/complainant went to the basement to check his motor, Petitioner No.3 forcefully restrained him due to which Respondent No.3 suffered an injury on his forearm. It is alleged that Petitioner No.3 is the driver of Petitioner Nos. 1 and 2, who are the neighbours of Respondent No.3. The incident led to the registration of the present FIR. 5.

The learned counsel for the petitioners submits that Respondent No.3 and Petitioner Nos. 1 and 2 are neighbours who reside on different floors of the same property and they are embroiled in multiple litigations over disputes in relation to the same.

6.

This Court, in common order dated 16.07.2024, passed in W.P.(CRL) 2067/2024 and W.P.(CRL) 2069/2024 (filed in relation to other disputes between the neighbours), had noted the submission of Mr. Sanjay Lao, Standing Counsel for the State, that he would personally make an endeavour to mediate the dispute and get the matter amicably resolved. 7.

Pursuant to the same, the present petition is filed on the ground that the matter is amicably settled between the parties, with the intervention of Mr. Sanjay Lao, the learned Standing Counsel, on their own free will, without any threat, force, coercion or misrepresentation, and Settlement Deed dated 05.08.2024 has been signed by Petitioner Nos. 1 and 2 and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Respondent No.3 to that effect.

8.

In terms of the settlement dated 05.08.2024, it has been agreed by the parties that appropriate steps will be taken for quashing of the multiple FIRs registered by them against each other.

9.

Petitioner No.2 is present through video conference. Respondent No.3 is present in Court. The parties have been duly identified by the Investigating Officer.

10.

Respondent No.3/complainant, on being asked, states that he does not wish to pursue the proceedings arising out of the present FIR, and has no objection if the proceedings are quashed. 11.

Offences under Sections 323/341 of the IPC are compoundable in nature.

12.

This Court is of the opinion that no useful purpose would be served by relegating the parties to the learned Trial Court for filing an application to compound the offences. 13.

Keeping in view the nature of dispute and that the parties have amicably entered into a settlement, this Court feels that no useful purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court.

14.

In view of the above, FIR No. 207/2023 and all consequential proceedings arising therefrom are quashed. 15.

The present petition is allowed in the aforesaid terms. AMIT MAHAJAN, J SEPTEMBER 2, 2024 'Aman'

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