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High Court of DelhiW.P.(CRL)/3295/2024

Abhimanyu @ Guddu & ORS. v. The State Govt. Of NCT Of Delhi And ANR.

2024-10-22Hon'Ble Mr. Justice Anup Jairam Bhambhani3 pages

$~93 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ABHIMANYU @ GUDDU & ORS.

.....Petitioners Through:

Mr. Vikas Saini, Ms. Jyoti Kasana, Mr. Dinesh Kumar Sharma and Mr.

Jai Subhash Thakur, Advocates.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

Ms. Nandita Rao, ASC for the State.

Mr.

Dinesh Kumar Madesiya, Advocate for the Respondent No. 2.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 22.10.2024 CRL.M.A. 31774/2024 Exemption granted, subject to just exceptions. The application stands disposed-of.

W.P.(CRL). 3295 of 2024 By way of the present petition 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 case FIR No.379/2024 dated 07.05.2024 registered under sections 323/342/506/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Shahbad Dairy, 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 Memorandum of Understanding dated October 2024, attested on 08.10.2024, 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. 4.

The contesting parties are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

Respondent No.2 has also been identified by the Investigating Officer.

5.

The court has interacted with the respondent No.2, as also with petitioners, who have confirmed that they have now resolved the matter and a Memorandum of Understanding dated October 2024, attested on 08.10.2024, has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

6.

Ms. Nandita Rao, learned ASC (Criminal) 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.379/2024 dated 07.05.2024 registered under sections 323/342/506/34 of the IPC at P.S.: Shahbad Dairy, 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 22, 2024 ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.