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High Court of DelhiW.P.(CRL)/3015/2024

Smt.Shama @ Razia & ANR. v. The State NCT Of Delhi And ANR.

2024-11-25Hon'Ble Mr. Justice Jasmeet Singh2 pages

$~78 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3015/2024 SMT.SHAMA @ RAZIA & ANR.

.....Petitioner Through:

Mr. Jubair Rajput, Adv.

versus THE STATE NCT OF DELHI AND ANR.

.....Respondent Through:

Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar, Adv.

ASI Pramod, PS Burari

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 25.11.2024 1.

This is a petition filed under Article 226 of the Constitution of India read with section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') seeking quashing of the FIR No. 351/2023, dated 21.03.2023 registered at PS Burari under Sections 323/452/354/509/506/34 of IPC, 1860 and all consequential proceedings emanating thereform. 2.

The facts are that some scuffle took place between the petitioners and respondent no.2 at her matrimonial home. Therefore, the respondent no.2 lodged the FIR against the petitioners. The petitioner No.1 is the sister-in-law of respondent No.2 and the petitioner No.2 is the brother of the petitioner No.1.

3.

Hence the present FIR came to be registered.

4.

During the pendency of the proceedings, the petitioners and respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/12/2024 at 12:10:12

no. 2 have arrived at a settlement on 31.08.2024, wherein respondent No.2 has agreed to settle all the disputes between the parties and agreed to cooperate in quashing of the FIR.

5.

The petitioner no.1 i.e. Smt. Shama and petitioner no. 2 i.e. Sh Rizwan are present in Court and have been identified by their counsel i.e. Mr. Jubair Rajput, Adv. Respondent No.2 is also present in Court and has been identified by ASI Pramod, PS Burari.

6.

The parties state that they have arrived at a settlement out of their own free will and without any threat, pressure or coercion. 7.

Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further.

8.

In this view of the matter, there is no reason to continue the proceedings.

9.

For the reasons noted above, and in view of the settlement arrived at between the parties, the FIR No. 351/2023, dated 21.03.2023 registered at PS Burari under Sections 323/452/354/509/506/34 of IPC, 1860 and all consequential proceedings emanating thereform are hereby quashed.

10. The petition is disposed of accordingly.

JASMEET SINGH, J NOVEMBER 25, 2024 / (MS) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/12/2024 at 12:10:12