Harsh @ Naresh & ANR. v. The State Govt Of (N.C.T. Of Delhi) & ANR.

$~79 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 8256/2024 HARSH @ NARESH & ANR.

.....Petitioners Through:

Mr. R. K. Sharma, Advocate with petitioners in court.

versus THE STATE GOVT OF (N.C.T. OF DELHI) & ANR.

.....Respondents Through:

Mr. Utkarsh, APP for the State with SI Dheer Singh, P.S.: Geeta Colony.

R2 in court.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 21.10.2024 CRL.M.A. 31544/2024 Exemption granted, subject to just exceptions. The application stands disposed-of.

CRL.M.C. 8256/2024 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. 116/2021 dated 03.04.2021 registered under sections 435/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Geeta Colony, Delhi.

2.

The petition is premised on Settlement Deed dated 07.10.2024, whereby the petitioners and respondent No. 2 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. CRL.M.C. 8256/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2024 at 11:06:04

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 Deed dated 07.10.2024 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

6.

Mr. Utkarsh, 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, FIR No. 116/2021 dated 03.04.2021 registered under sections 435/34 IPC at P.S.: Geeta Colony, 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 CRL.M.C. 8256/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2024 at 11:06:04