Aditya Bindal & ORS. v. The State Of NCT Of Delhi And ANR.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2990/2024 ADITYA BINDAL & ORS.

.....Petitioners Through:

Ms.Jyoti Khatana, Mr.Dinesh Kumar Sharma, Mr.Kawalpreet Singh, Mr.

Vikas Saini, Mr. Sonu Jha, Mr.

Krishan Shokeen, Mr. Manish Malik, Mr. Ashish Balyan, Mr. Mehtab Singh, Mr. Dinesh Kumar Madesiya and Mr. Jai Subhash Thakur, Advocates versus THE STATE OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Sanjeev Bhandari, ASC for the State alongwith Ms. Charu Sharma, Mr.Arjit Sharma, Mr. Vaibhav Vats and Mr. Nikunj Bindal, Advocates

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 22.10.2024 1.

The instant writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter Cr.P.C.) [(now under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS)] has been filed by the petitioners praying for quashing of FIR bearing No. 0037/2024 registered at Police Station Mohan Garden, Delhi for offences punishable under Sections 323/341/509/34 of the Indian Penal Code, 1860 (hereinafter "IPC"). The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

The petitioners are present before this Court and have been identified by their counsel Ms.Jyoti Khatana and Investigating Officer, Police Station Mohan Garden. The respondent No.2 is also present in the Court and has been identified by her counsel and the Investigating Officer. 3.

On the query made by this Court, respondent no.2 has categorically stated that she has entered into compromise on her own free will and without any pressure. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties. 4.

The brief facts of the case are that the petitioners and the respondent No.2 are neighbours and well-known to each other. Due to some misunderstanding and temperamental issues, the aforesaid FIR was registered by the respondent No.2 against the petitioners. 5.

Learned counsel appearing on behalf of the petitioners submitted that the chargesheet has not been filed yet. It is submitted that the petitioners and respondent No.2 have settled their disputes amicably and do not wish to pursue the matter further. Thus, they have entered into a settlement on 14th October, 2024. It is further submitted that the respondent No.2 has duly given the No Objection Certificate to quash the FIR in question, which is appended as Annexure P-2 to the instant petition. It is also submitted that the settlement agreement dated 14th October, 2024 is also appended at page no.2 of the Index of the instant petition.

6.

It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise as per the judgment of the Hon'ble Supreme Court passed in Gian Singh vs. State of Punjab, (2012) 10 SCC 303.

7.

Mr. Sanjeev Bhandari, learned ASC for the State submitted that there The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties. 8.

Heard learned counsel for the parties and perused the record. 9.

Keeping in view the fact that the matter has been settled between the petitioners and respondent No.2 amicably without any pressure, no fruitful purpose would be served by keeping the matter pending. Hence, FIR bearing No. 0037/2024 registered at Police Station Mohan Garden, for offences punishable under Sections 323/341/509/34 of the IPC and consequent proceedings emanating therefrom are quashed. 10.

The petition stands disposed of.

CHANDRA DHARI SINGH, J OCTOBER 22, 2024 Dy/mk Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.