← Library
High Court of DelhiW.P.(CRL)/3275/2024

Sh. Rakesh Maan & ORS. v. The State Govt. Of N.C.T. Of Delhi & ORS.

2024-10-21Hon'Ble Mr. Justice Anup Jairam Bhambhani4 pages

$~84 & 101 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3275/2024 SH. RAKESH MAAN & ORS.

.....Petitioners Through:

Mr.

Vishvender with Mr.

Alok Kumar, Ms.

Rachana Dalal, Mr.

Naman Chhikara, Advocates and petitioners in court.

versus THE STATE GOVT. OF N.C.T. OF DELHI & ORS. .....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for the State with Mr. Abhinav Kr. Arya, Ms. Priyam Agrawal, Advocates.

SI Sandeep, ASI Pawan, Kumar.

Mr.

Inderpreet Singh with Mr.

Tushar, Advocates for R-2,3 and R-2, 3 in court.

+ W.P.(CRL) 3296/2024 PARVESH MAAN & ORS.

.....Petitioners Through:

Mr.

Inderpreet Singh with Mr.

Tushar, Advocates and petitioners in court.

versus THE STATE GOVT OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for the State with Mr. Abhinav Kr. Arya, Ms. Priyam Agrawal, Advocates.

SI Sandeep, ASI Pawan, Kumar.

Mr.

Vishvender with Mr.

Alok Kumar, Ms.

Rachana Dalal, Mr.

Naman Chhikara, Advocates for R-2 and 3 with R-2 and 3 in court.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 21.10.2024 CRL.M.A. 31786/2024 in W.P.(CRL) 3296/2024 Exemption granted, subject to just exceptions. The application stands disposed-of.

W.P.(CRL) 3275/2024 W.P.(CRL) 3296/2024 By way of the present petitions filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners seek quashing of cross-FIRs bearing FIR No. 550/2004 dated 02.09.2024 registered under sections 115(2)/126(2)/74/76/79/351(3)/3(5) of the Bharatiya Nayaya Sanhita, 2023 ('BNS') at P.S.: Alipur, Delhi and FIR No. 549/2004 dated 02.09.2024 registered under sections 115(2)/126(2)/74/79/332(c)/3(5) of the BNS at P.S.: Alipur, Delhi.

2.

The petitions are premised on 02 Settlement Deeds, both dated 23.09.2024, whereby the contesting parties have resolved their disputes amicably.

3.

The petitions are also supported by affidavits of the contesting parties 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 their respective counsel and by the Investigating Officer.

5.

The court has interacted with the contesting parties, who have confirmed that they have now resolved their disputes and settlement The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

deeds dated 23.09.2024 have been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

6.

Mr. Sanjay Lao, learned Standing Counsel appearing on behalf of the State 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, case FIR No. 550/2004 dated 02.09.2024 registered under sections 115(2)/126(2)/74/76/79/351(3)/3(5) BNS at P.S.: Alipur, Delhi and case FIR No. 549/2004 dated 02.09.2024 registered under sections 115(2)/126(2)/74/79/332(c)/3(5) BNS at P.S.: Alipur, Delhi are quashed. All proceedings arising therefrom also stand closed.

9.

This order shall however be subject to the petitioners in each of the petitions paying costs of Rs. 10,000/- each to Friendicoes SECA, No.271 & 273, Defence Colony Flyover Market, Jungpura, New Delhi within 04 weeks; and placing proof of payment of costs on record within 01 week thereafter.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The Registry is directed to verify compliance; and to re-list the matter if costs are not paid as directed.

11.

The petitions stand disposed-of in the above terms. 12.

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.