Hatinder Kumar Verma v. The State (Govt Of NCT Of Delhl) & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ HATINDER KUMAR VERMA .....Petitioner Through:

Mr. Parveen Dabas, Advocate.

versus THE STATE (GOVT OF NCT OF DELHL) & ORS.

.....Respondents Through:

Mr. Sanjeev Sabharwal, APP for the State with Ms.

Sanya Narula, Advocate with SI Rajesh Kumar, P.S.: Vijay Vihar.

Mr. Saroj Nahar, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 23.10.2024 CRL.M.A. 31952/2024 (exemption) Exemption granted, subject to just exceptions. The application stands disposed-of.

Crl. M.C. 8366/2024 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.259/2019 dated 05.09.2019 registered under section 308 of the Indian Penal Code, 1860 ('IPC') at P.S.: Vijay Vihar, Rohini, Delhi.

2.

The petition is premised on Memorandum of Understanding/ Compromise Deed dated 06.04.2024 whereby the petitioner and respondent Nos. 2 and 3 have resolved the matter amicably. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The petition is also supported by affidavits of the petitioner and of respondent No.2 and 3, 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.

5.

The court has interacted with respondents Nos.2 and 3, as also with the petitioner, who have confirmed that they have now resolved the matter and a Memorandum of Understanding/Compromise Deed dated 06.04.2024 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. 8.

Accordingly, case FIR No.259/2019 dated 05.09.2019 registered under section 308 of the IPC at P.S.: Vijay Vihar, Rohini, Delhi is quashed. All proceedings arising therefrom also stand closed. 9.

Learned counsel for the parties have also informed the court that a cross-FIR bearing No. 263/2019 dated 06.09.2019 lodged against The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondents Nos.2 and 3 at P.S.: Vijay Vihar, Delhi has been quashed by a Co-ordinate Bench of this court vide order dated 23.10.2024 in CRL. M.C. No. 8335/2024. The submission is noted. 10.

Petition stands disposed-of.

11.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 23, 2024 ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.