Akhilesh Kumar Singh @ Pradhan v. State (NCT Of Delhi) & ANR.

$~64 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 7790/2024 & CRL.M.A. 29734/2024 AKHILESH KUMAR SINGH @ PRADHAN .....Petitioner Through:

Mr. K.K. Tiwari and Mr. Amish Tiwari, Advocates alongwith petitioner in person.

versus STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Ms. Shubhi Gupta, APP for the State with I.O. PS: Jait Pur.

Counsel for R-2 via videoconferencing (Appearance not given) R-2 in court.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 03.10.2024 CRL.M.A. 29735/2024 Exemption granted, subject to just exceptions. 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. 0106/2018 dated 17.02.2018 registered under sections 354/354-B/509/506 of the Indian Penal Code, 1860 ('IPC') at P.S.: Jait Pur, Delhi.

2.

The petition is premised on Settlement Deed dated 20.03.2024 ('settlement deed') arrived at through mediation before the Mediation Centre, Saket District Courts, New Delhi whereby the petitioner and respondent No. 2 have resolved the matter amicably. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The petition is also supported by affidavits of the petitioners and of respondent No. 2, alongwith proof of their IDs. 4.

The contesting parties are present in court. Their credentials have been verified and they have also been identified by their respective counsel and by the Investigating Officer ('I.O.'). 5.

The court has interacted with respondent No.2, as also with the petitioner, who have confirmed that they have now resolved the matter and the settlement deed has been signed by them closing all issues amicably. Respondent No. 2 confirms that all aspects of the settlement have been performed; and that parties now wish to live in peace and harmony going forward.

6.

Ms. Shubhi Gupta, 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. 8.

However, while allowing this petition, considering the nature of the offence committed by the petitioner, this court considers it appropriate, that by way of atonement, the petitioner shall pay costs of Rs. 20,000/- to the Very Special Arts of India, Plot No.3, Institutional The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Area, Nelson Mandela Marg, Vasant Kunj, New Delhi, within 04 weeks; and place proof of payment of costs on record, within 01 week thereafter.

9.

Subject to the aforesaid condition, FIR No. 0106/2018 dated 17.02.2018 registered under sections 354/354-B/509/506 IPC at P.S.: Jait Pur, Delhi is quashed. All proceedings arising therefrom also stand closed.

10.

The Registry is directed to verify compliance; and to re-list the matter if costs are not paid, as directed.

11.

The petition is disposed-of, in the above terms. 12.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 3, 2024/ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.