Yogesh Kumar v. State NCT Of Delhi And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ YOGESH KUMAR .....Petitioner Through:

Mr. Raj Kumar, Advocate alongwith Petitioner.

versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Ms. Shubhi Gupta, APP for the State.

SI Ghanshyam, PS Waziabad.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 04.10.2024 CRL.M.A.29926/2024 Exemption granted, subject to just exceptions. The application stands disposed-of.

Crl. M.C. 7842/2024 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. 0045/2023 dated 12.01.2023 registered under sections 354/509/506/323 of the Indian Penal Code, 1860 ('IPC') at P.S.: Wazirabad, Delhi.

2.

The petition is premised on Settlement Deed dated 20.08.2024 ('settlement deed') 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 petitioner and respondent No.2 are present in court. Their credentials have been verified and they have also been identified by the Investigating Officer.

5.

The court has interacted with respondent No.2, who confirms that the matter is now settled and a settlement deed has been signed between her and the petitioner, closing all issues amicably. Respondent No. 2 informs the court that there was no monetary exchange involved under the settlement deed and that all the terms of the settlement now stand satisfied.

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.

Accordingly, case FIR No. 0045/2023 dated 12.01.2023 registered under sections 354/509/506/323 IPC at P.S.: Wazirabad, Delhi is quashed. All proceedings arising therefrom also stand closed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The petition stands disposed-of.

10.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 4, 2024/ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.