Chandra Mohan Khatana v. State Govt. Of Delhi And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CHANDRA MOHAN KHATANA .....Petitioner Through:

Mr. Sudhir Naagar and Mr. Manohar Nagar, Advocates.

Petitioner in court.

versus STATE GOVT. OF DELHI AND ANR.

.....Respondents Through:

Ms. Shubhi Gupta, APP for the State with SI Meenakshi Maan, P.S.: North Rohini Delhi.

Mr. Manish Kumar, Advocate for R2 with R2's father in court and R2 via video-conferencing.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 21.10.2024 CRL.M.A. 31741/2024 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 petitioner seeks quashing of case FIR No.380/2016 dated 10.09.2016 registered under sections 354-D/451/506 of the Indian Penal Code, 1860 ('IPC') at P.S.: North Rohini, Outer District Delhi. Consequent upon completion of investigation, charge-sheet dated 09.01.2017 was filed in the matter.

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 Memorandum of Understanding dated 15.10.2024, whereby the petitioner and respondent No.2/complainant have resolved the matter amicably.

3.

The petition is also supported by affidavits of the petitioner and of respondent No.2, alongwith proof of their IDs. 4.

The petitioner is present in court. Respondent No.2 has joined the proceedings via video-conferencing from Kerala. The respondent No.2/complainant's father is also present in court. Their credentials have been verified and they have also been identified by their respective counsel.

5.

The court has interacted with respondent No.2, as also with the petitioner, who have confirmed that they have now resolved the matter and Memorandum of Understanding dated 15.10.2024 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

6.

Ms. Shubhi Gupta, 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, case FIR No.380/2016 dated 10.09.2016 registered under sections 354-D/451/506 of the IPC at P.S.: North Rohini, Outer District 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.