Sh Shezi Qureshi And ANR v. The State Of NCT Of Delhi And ANR
$~77 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ SH SHEZI QURESHI AND ANR .....Petitioners Through:
Mr. Misbah B. Tariq with Mr. Mohd.
Amemultan, Mr. Azhar Ali, Mr. S. K.
Izrail, Ms. Shahin Alvi, Advocates and petitioners in court.
versus THE STATE OF NCT OF DELHI AND ANR .....Respondents Through:
Mr. Sanjeev Sabharwal, APP for the State with Ms.
Sanya Narula, Advocate and insp. Rajesh Kumar, P.S.: Mohan Garden.
R2 in court.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 21.10.2024 CRL.M.A. 31488/2024 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 petitioners seek quashing of case FIR No. 495/2022 dated 21.08.2022 registered under sections 420/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Mohan Garden, Delhi.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2.
The petition is premised on Settlement Agreement dated 09.07.2024, whereby the petitioners and respondent No. 2/complainant have resolved the matter amicably.
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 the Investigating Officer.
5.
The court has interacted with respondent No.2, as also with petitioners, who have confirmed that they have now resolved the matter and a Settlement Agreement dated 09.07.2024 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.
6.
Mr. Sanjeev Sabharwal, 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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
8.
Accordingly, FIR No. 495/2022 dated 21.08.2022 registered under sections 420/34 IPC at P.S.: Mohan Garden, Delhi is quashed. All proceedings arising therefrom also stand closed. 9.
Petition stands disposed-of.
10.
Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 21, 2024 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.