Shuaib v. The State Of N Ct Of Delhi And ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ SHUAIB .....Petitioner Through:
Mr. Asad Iqbal and Mr. S. Ahmed, Advocates.
versus THE STATE OF N CT OF DELHI AND ANR .....Respondents Through:
Mr. Sanjay Lao, Standing Counsel for the State.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 09.10.2024 CRL.M.A. 30606/2024 Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. 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. 76/2024 dated 05.03.2024 registered under section 354 of the Indian Penal Code, 1860 ('IPC') at P.S.: Shakarpur, Delhi.
2.
The petition is premised on Deed of Compromise dated 19.09.2024 whereby the petitioner and respondent No. 2 have resolved the matter amicably.
3.
The petition is also supported by affidavits of the petitioner and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.
5.
Mr. Sanjay Lao, learned Standing Counsel appearing for the State submits, that the petitioner had also attempted to quash the subject FIR on merits, which was dismissed by a Coordinate Bench of this court vide order dated 02.09.2024 made in W.P.(CRL)No. 2670/2024. 6.
That being said, Mr. Lao leaves it to the court to pass appropriate orders in the matter.
7.
A perusal of order dated 02.09.2024 shows that the petitioner's plea for quashing of the subject FIR on merits was rejected since chargesheet in the matter was filed under sections 354/341 IPC and arguments before the Coordinate Bench were in relation to allegations of cheating and criminal breach of trust.
8.
In the present proceedings however, the court has interacted with respondent No. 2, who is present in person. She confirms and reiterates that she has amicably resolved the dispute arising from the subject FIR and that she does not wish to pursue the prosecution any longer.
9.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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. 10.
Accordingly, case FIR No. 76/2024 dated 05.03.2024 registered under section 354 IPC at P.S.: Shakarpur, Delhi is quashed. All proceedings arising therefrom also stand closed.
11.
Petition stands disposed-of.
12.
Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 9, 2024 ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.