Preet Kamal Singh Gill v. State Of NCT Of Delhi And ANR.
$~102 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7699/2024 & CRL.M.A. 29371/2024 PREET KAMAL SINGH GILL .....Petitioner Through:
Ms. Beenashaw Soni Ms. Mansi Jain Ms. Ann Joseph Advocates.
versus STATE OF NCT OF DELHI AND ANR. .....Respondents Through:
Mr. Raghuinder Verma, APP with SI Deepak Chhabra, PS-Janakpuri Mr. Arpit Bhargava, Mr. Pankaj and Ms. Hina Bharghava, Advocates for R-2/complainant.
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
O R D E R
% 27.09.2024 1.
The instant petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") has been filed by the petitioner praying for quashing of FIR bearing No. 334/2024 dated 25th July, 2024 registered at Police Station Janakpuri, for offences punishable under Sections 79/351 (2) of the BNSS.
2.
Learned counsel appearing on behalf of the petitioner submitted that the complainant and the accused were very close friends and due to some misunderstanding between them, the aforesaid FIR was lodged against the accused. It is also submitted that after some time, when the victim/complainant and petitioner realised their mistake, they amicably settled the dispute and entered into a Memorandum of Understanding The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
("MoU" hereinafter) dated 11th September, 2024. It submitted that both the parties have agreed to the terms and conditions mentioned in the MoU, which is annexed as Annexure-B to the petition. 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. It is submitted that since all the offences are compoundable in nature and, therefore, in view of the undertaking as well as the MoU, the FIR may be quashed. 4.
The petitioner is present before this Court and has been identified by his counsel, Ms. Beenashaw Soni, Advocate and Investigating Officer SI Deepak Chhabra, Police Station-Janakpuri. The complainant is also present in the Court and has been identified by her counsel and the Investigating Officer.
5.
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 MoU and as per the judgment of the Hon'ble Supreme Court passed in Gian Singh vs. State of Punjab, (2012) 10 SCC 303. At this juncture, the petitioner appearing inperson also undertakes to not repeat the same conduct in the future. 6.
Heard learned counsel for the parties and perused the material placed on record.
7.
Keeping in view the fact that the parties have settled the matter and the offences are compoundable in nature as well as the MoU, which is appended as Annexure-B to the instant petition, no useful purpose would be served by keeping the instant matter pending. Hence, FIR bearing No. 334/2024 dated 25th July, 2024 registered at Police Station Janakpuri and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
consequent proceedings emanating therefrom are quashed. 8.
The petition stands disposed of.
CHANDRA DHARI SINGH, J SEPTEMBER 27, 2024 NA/sm 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.