Jatin Kumar Dhall & ANR. v. State Govt. Of NCT Of Delhi And ANR.

$~79 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ JATIN KUMAR DHALL & ANR.

.....Petitioners Through:

Mr.

Kartik Adhikari with Mr.

Kuldeep Rana and Mr. Rohit Sharma, Advocates.

Petitioners in court.

versus STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Utkarsh, APP for the State with Insp.

Sandeep Shrivastava, P.S.:

Cyber North, Delhi.

Mr. Manik Luthra, Advocate for R2 with R2 in court.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 24.10.2024 CRL.M.A. 32143/2024 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 petitioners seek quashing of case FIR No. 0029/2023 dated 18.03.2023 registered under section 420 of the Indian Penal Code, 1860 ('IPC') and section 66(D) of the Information Technology Act, 2000 ('IT Act') at P.S.: Cyber Police Station North, Delhi ('subject FIR'). 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 Settlement Deed dated 21.10.2024 ('Settlement Deed'), whereby the petitioners and respondent No. 2 have resolved the matter amicably, and the amount in dispute has been returned by the petitioners to respondent No.2. 3.

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

The petitioners and respondent No.2 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 respondent No.2, as also with the petitioners, who have confirmed that they have now resolved the matter and a settlement deed 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 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. 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. 0029/2023 dated 18.03.2023 registered under section 420 of the IPC and section 66(D) of the IT Act at P.S.: Cyber Police Station North, 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 24, 2024 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.