Yash Sharma v. State Through Sho And ANR

$~24 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ YASH SHARMA .....Petitioner Through:

Mr.

Aakash Sharma with Mr.

Anshuman Gupta, Advocates.

versus STATE THROUGH SHO AND ANR .....Respondents Through:

Ms. Shubhi Gupta, APP for the State with Insp. Kaushlesh Kumar Jha, P.S.: Cyber, North West Distt.

R2 in court.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 23.10.2024 By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner and complainant/respondent No. 2, seek quashing of case FIR No.58/2024 dated 14.08.2024 registered under sections 318(4) of the Bharatiya Nyaya Sanhita, 2023 ('BNS') at P.S.: Cyber Police Station, Delhi. 2.

The petition is premised on Affidavit dated 17/18.09.2024 signed by respondent No.2, whereby he has given his no objection for quashing of the subject FIR.

3.

Further to what was recorded in order dated 14.10.2024, Mr. Girish Bhardwaj, who is the father of the accused in the subject FIR, is present in court. He has clarified that he was unable to file the present petition on behalf of his son since he is in private employment and is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

unable to take leave. He has confirmed that Yash Sharma, who has filed the present petition on behalf of his son, is his cousin. 4.

Furthermore, learned counsel for the petitioner submits, that though they had taken steps for correcting the discrepancy between the name of the complainant as mentioned in the subject FIR and of respondent No.2 as named in the petition, the amended memo of parties is lying under office objections.

5.

Respondent No.2/Bishan Datt Sharma, who is present in court, is identified by the Investigating Officer and beseeches the court to close all further proceedings arising from the subject FIR. He submits that he does not wish to pursue any criminal action against his grandson, who has also now been discovered with a medical problem. 6.

The identities of the accused and of his father have been verified in court.

7.

The petition is also supported by affidavits of the petitioner and of respondent No. 2, alongwith proof of their IDs. 8.

Ms. Shubhi Gupta, learned APP confirms that the State has no objection to the subject FIR being quashed.

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 between the contesting parties, continuing with the subject FIR and all The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 10.

Accordingly, FIR No. 58/2024 dated 14.08.2024 registered under sections 318(4) BNS at P.S.: Cyber Police Station, 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 23, 2024 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.