Jyoti Sharma & ORS. v. The State NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 8050/2024 JYOTI SHARMA & ORS.

.....Petitioners Through:

Mr Praveen Laroiya, Ms.

Jyoti Sharma Shyamla Bhardwaj & Mr.

Dheeraj Bharadwaj, Advocates.

versus THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Yudhvir Singh Chauhan, APP for the State with with SI Vikash Fageria Mr. Sanket Aggarwal, Advocate.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 19.11.2024 1.

The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS) [earlier under Section 482 of the Code of Criminal Procedure, 1973] has been filed by the petitioners praying for quashing of FIR bearing No. 532/2022 dated 26th August, 2022 registered at Police Station - Rajouri Garden, for offences punishable under Sections 323/354/509/34 of the Indian Penal Code, 1860 (hereinafter "IPC").

2.

The petitioners are present before this Court and have been identified by their counsel Mr. Praveen Laroiya and the Investigating Officer. The respondent No.2, who is the complainant is also present in the Court and has been identified by the Investigating Officer. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

On query made by this Court, the complainant has categorically stated that she has entered into compromise on her own free will and without any pressure. It is also stated by her that the entire dispute has been amicably settled between the parties.

4.

It is submitted that the aforesaid FIR was filed by the complainant herein and a cross-FIR bearing no. 531/2022 was filed against the complainant herein.

5.

With the intervention of family members, relatives and respected members of the society, both the parties entered into a Memorandum of Understanding (MOU) on 21st September, 2024. The terms and conditions of the said settlement are mentioned in the MOU which is annexed as Annexure P-4 to the petition.

6.

It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise as per the Judgment of the Hon'ble Supreme Court passed in Gian Singh vs. State of Punjab, (2012) 10 SCC 303. At this juncture, the petitioners appearing in-person also undertake to not repeat the same conduct in the future. 7.

Mr. Yudhvir Singh Chauhan, learned APP for the State submitted that he has no objection to the instant petition being allowed and quashing of the FIR in question in view of the settlement arrived at between the parties. 8.

Heard learned counsel for the parties and perused the record. 9.

Keeping in view the fact that parties have settled the matter as well as undertaking given by the petitioners, no useful purpose would be served by keeping the matter pending. Hence, FIR bearing No. 532/2022 dated 26th August, 2022 registered at Police Station Rajouri Garden, for offences punishable under Sections 323/354/509/34 of the IPC and consequent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings emanating therefrom are quashed.

10.

Accordingly, the instant petition stands disposed of. CHANDRA DHARI SINGH, J NOVEMBER 19, 2024 NA/MK.

Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.