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High Court of DelhiCRL.M.C./7123/2024

Arvind Kumar & ORS. v. The State NCT Of Delhi & ANR.

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

$~191 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARVIND KUMAR & ORS.

.....Petitioners Through:

Mr. Devender Singh with Mr. Sanjay Kumar and Mr. Naved Khan, Advocates.

Petitioners in court.

versus THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Utkarsh, APP for the State with SI M. L. Meena, P.S.: Sagarpur.

Mr. Arun Kumar Verma and Mr.

Mahesh Chand, Advocates for R2.

R2 via video-conferencing.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 09.09.2024 CRL.M.A. 27145/2024 & CRL.M.A. 27146/2024 Exemption granted, subject to just exceptions. The applications stand disposed-of.

By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners seek quashing of case FIR No.981/2015 dated 28.12.2015 registered under sections 465/467/468/471/120-B of the Indian Penal Code, 1860 ('IPC') at P.S.: Sagarpur, South West Delhi.

2.

The petition is premised on mediated Settlement dated 22.11.2021, whereby the petitioners and respondent No.2 have resolved the matter amicably.

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

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 petitioners are present in court and respondent No.2 has joined the proceedings via video-conferencing. Their credentials have been verified and they have also been identified by their respective counsel. 5.

The court has interacted with respondent No.2, as also with petitioners, who have confirmed that they have now resolved the matter and a mediated Settlement dated 22.11.2021 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. 8.

Accordingly, case FIR No.981/2015 dated 28.12.2015 registered under sections 465/467/468/471/120-B of the IPC at P.S.: Sagarpur, South West Delhi is quashed. All proceedings arising therefrom also stand closed.

9.

Petition stands disposed-of.

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

10.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J SEPTEMBER 9, 2024 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.