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High Court of DelhiCRL.M.C./7651/2024

Anil Kumar v. State NCT Of Delhi & ORS.

2024-09-26Hon'Ble Mr. Justice Anup Jairam Bhambhani3 pages

$~206 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ANIL KUMAR .....Petitioner Through:

Mr. Ravi Kant Pandey and Mr. M.K.

Saroja, Advocates.

Petitioner in-person.

versus STATE NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Hitesh Vats, APP for the State with SI Bharat Singh, P.S.: Uttam Nagar.

R-2 in-person.

R-3 in-person.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 26.09.2024 CRL.M.A. 29177/2024 (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 petitioner seeks quashing of case FIR No.285/2015 dated 26.02.2015 registered under sections 354-A/323/506/34 of the Indian Penal Code, 1860 ('IPC') The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

P.S.: Uttam Nagar, New Delhi. Consequent upon completion of investigation, charge-sheet dated 31.03.2018 was filed in the matter. 2.

The petition is premised on Memorandum of Understanding ('MoU') dated 17.09.2024, whereby the petitioner and respondents Nos.2 and 3 have resolved the matter amicably.

3.

The petition is also supported by affidavits of the petitioners and of respondents Nos.2 and 3, alongwith proof 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 the Investigating Officer.

5.

The court has interacted with the respondents Nos.2 and 3, as also with petitioner, who have confirmed that they have now resolved the matter and an MoU dated 17.09.2024 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

6.

Mr. Hitesh Vats, 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 case FIR No.285/2015 dated 26.02.2015 registered under sections 354-A/323/506/34 of the IPC at P.S.: Uttam Nagar, New 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 26, 2024/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.