High Court of DelhiW.P.(CRL)/2887/2024

Dinesh Kumar Baweja And ANR. v. State Of NCT Delhi And ANR.

2024-09-18Hon'Ble Mr. Justice Subramonium Prasad3 pages

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2887/2024 DINESH KUMAR BAWEJA AND ANR.

.....Petitioners Through:

Mr. Jasbir Singh Malik, Mr. Rashim Bath (PH/4191/2021) and Ms. Preeti Narwal, Advocates.

versus STATE OF NCT DELHI AND ANR.

.....Respondents Through:

Mr. Amol Sinha, ASC with Mr.

Kshitiz Garg and Mr. Ashwini Kumar, Advocates.

Mr. K.K. Singh, (UP4361A/15) Ms.

Sakshi Chahar, Advocates for Respondent No.2 with Respondent No.2 in person.

SI Amar Singh, PS Kishangarh

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 18.09.2024 CRL.M.A. 28178/2024 (Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 2887/2024 1.

Petitioners have approached this Court seeking quashing of FIR No.157/2024, dated 03.06.2024, registered in Police Station Kishan Garh for offences under Sections 323, 341, 506, 34 IPC, on the ground of amicable settlement arrived at between the parties.

It is stated by the learned Counsel for the Petitioner that it is a case where cross FIRs have been filed by both the parties. It is stated that the FIR W.P.(CRL) 2887/2024 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No.158/2024, registered at Police Station Kishan Garh for offences under Sections 323/341/506/34 IPC, lodged by the workers of Petitioner No.2 herein already stands quashed and the parties have approached this Court for quashing of FIR No.157/2024 by filing the present Petition. 3.

As per the petition, the Petitioners and the Complainants/Respondents are the residents of the same area. On the complaint of the Respondents No.2, the instant FIR was lodged against the Petitioners. 4.

It is stated by the parties that with the intervention of well-wishers, the parties have settled their dispute vide settlement agreement dated 28.08.2024. It is stated that they had agreed that they will maintain harmonious relations with each other. It is, therefore, requested that the instant FIR be quashed as the dispute has been amicably resolved. 5.

Today, parties are present in Court and have been identified by their respective Counsels and the Investigating Officer. The Complainant states that they have settled all the disputes with the Petitioners out of their own free will, without pressure, coercion or undue influence. The parties undertake that they will remain bound by the settlement arrived at between them and the proceedings recorded before this Court. The parties understand the implication of the present proceedings.

In view of the mutual settlement arrived at between the parties and in view of the fact that the instant case is squarely covered by the law laid down by the Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, and to ensure peace and harmony between the parties, this Court is satisfied that no useful purpose will be served in continuing with the present proceedings. Resultantly, FIR No.157/2024, dated 03.06.2024, registered in Police Station Kishan Garh for offences under Sections 323, W.P.(CRL) 2887/2024 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

341, 506, 34 IPC and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the mutual settlement and the undertaking given to the Court.

The parties are warned not to indulge in such acts in future. 8.

The Petition stands disposed of in above terms. SUBRAMONIUM PRASAD, J SEPTEMBER 18, 2024 Rahul W.P.(CRL) 2887/2024 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.