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High Court of DelhiCRL.M.C./7024/2024

Ajit Kumar & ORS. v. The State Of NCT Of Delhi & ORS.

2024-09-05Hon'Ble Mr. Justice Anup Jairam Bhambhani3 pages

$~53 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ AJIT KUMAR & ORS.

.....Petitioners Through:

Mr. Varun Kumar, Advocate.

versus THE STATE OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Utkarsh, APP for the State.

With SI Rima Raj, P.S.: Dwarka North.

Mr. Harendra Kumar and Mr. Anil Kr. Mishra, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 05.09.2024 CRL.M.A. 26819/2024 (exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.

By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners and complainant/respondent No. 2, seek quashing of case FIR No. 521/2019 dated 23.12.2019 registered under sections 354/509/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Dwarka North, Delhi. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

The petition is premised on MOU/Settlement Deed dated 03.08.2024, whereby the petitioners and respondent No. 2 have resolved the matter amicably.

3.

The petition is also supported by affidavits of the petitioners 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.

5.

The court has interacted with the petitioners, as also with respondent No.2 who have confirmed that they have now resolved the matter and a MOU/Settlement Deed dated 03.08.2024 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

6.

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

8.

Accordingly, FIR No. 521/2019 dated 23.12.2019 registered under sections 354/509/34 IPC at P.S.: Dwarka North, Delhi is quashed. All proceedings arising therefrom also stand closed. 9.

Petition stands disposed-of.

10.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J SEPTEMBER 5, 2024/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.