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High Court of DelhiW.P.(CRL)/3038/2024

Prashant Kumar Das & ANR. v. State Of Delhi & ORS.

2025-03-06Hon'Ble Ms. Justice Manmeet Pritam Singh Arora3 pages

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PRASHANT KUMAR DAS & ANR.

.....Petitioners Through:

Mr. Nishant Kumar Das, Advocate for P-1 & P-2 versus STATE OF DELHI & ORS.

.....Respondents Through:

Mr. Rahul Tyagi, ASC for State with Mr. Mathew M. Philip and Mr.

Sangeet Sibou, Advocates with Insp.

Manju Chahar and SI Shikhawati, PS:

DWK North R-2 through VC

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 06.03.2025 1.

The present petition has been filed seeking the following reliefs: - "a. this Hon'ble Court may kindly be pleased to quash the proceeding arising out of the FIR No. 0062/2019 U/s. 354/506 of IPC, P.S. Dwarka North, Delhi against the petitioners namely Mr. Prashant Kumar Das (Petitioner No. 1) and Mr. Shivendra Rana @Sonu Rana."

2.

Learned counsel for the Petitioners states that Petitioner No. 1 was a tenant in Netaji Subhash Apartment, Sector-13, Pocket-1, Phase-II Dwarka, New Delhi ('Apartment').

3.

He states that on the intervening night of 06.02.2019 and 07.02.2019, when Petitioner No. 1 was returning to the Apartment, there was a scuffle between the Petitioners and Respondent's husband and son. He states that in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the scuffle in fact, Petitioner No. 1 sustained injuries and he was required to get 9-10 stitches. He states that this led to registration of FIR No. 63/2019. 4.

He states, however, Respondent No. 2 herein, who is the wife of the President i.e., Mr. Ranjeet Shokeen filed the subject FIR No. 62/2019, which was registered under Section 354/506 of IPC.

5.

He states that parties have entered into a Mediation settlement dated 16.07.2024 held at Dwarka Mediation Centre, Dwarka Court, South - West, Delhi ('settlement'), wherein parties have agreed to amicably resolve the disputes.

6.

He states that in view of the amicable settlement Petitioners have undertaken to withdraw the FIR No. 63/2019. He states that since the charges framed in the said FIR are compoundable, therefore, a statement will be made before the Ld. MM for withdrawal and/or compounding of the said complaint.

7.

He states, however, for the subject FIR No. 62/2019, the present writ petition has been filed seeking quashing of the same. He states that the affidavit of the Respondent no. 2 recording her 'No Objection' to the prayer for quashing the subject FIR No. 62/2019 is annexed as Annexure P-5 of the e-file.

8.

Petitioner Nos. 1 and 2 are present in Court and are identified by the learned counsel for the Petitioner and the Investigating Officer ('IO'). Respondent No. 2 has joined the proceedings through Video Conferencing and is identified by the IO.

9.

This Court has interacted with Respondent No. 2 in vernacular and she confirms that she had executed the affidavit filed in support of this petition and entered into an MOU. She states that parties have agree to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

amicably resolve the matter.

10.

Accordingly, in line with the verdict of the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 and considering that since a mutual settlement has arrived at between the parties, therefore, this Court is satisfied that no useful purpose will be served in in continuance of the criminal proceedings pursuant to the subject FIR. Accordingly, the petition is allowed. Consequently, the FIR No. 62/2019 under Sections 354/506 of IPC registered at Police Station Dwarka North and proceedings emanating therefrom, are quashed, qua the petitioners. 11.

Parties shall abide by the terms of settlement. 12.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

MANMEET PRITAM SINGH ARORA, J MARCH 6, 2025/rhc/ms The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.