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High Court of DelhiCRL.M.C./8418/2024

Shahrukh & ANR. v. State NCT Of Delhi And ANR.

2024-10-24Hon'Ble Mr. Justice Anup Jairam Bhambhani4 pages

$~80 & 81 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 8418/2024 SHAHRUKH & ANR.

.....Petitioners Through:

Mr. Aniket with Ms. Farheen Jahan, Advocates.

Petitioners in court.

versus STATE NCT OF DELHI AND ANR.

.....Respondents Through:

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

Sanya Narula, Advocate and ASI Gajraj Singh, P.S.:

Gokalpuri.

Mr. Javed Ali with Mr. Mohamad Gufran, Advocates for R2 with R2 in court.

+ CRL.M.C. 8421/2024 DEEN MOHD AND ORS.

.....Petitioners Through:

Mr. Javed Ali with Mr. Mohamad Gufran, Advocates for the petitioners with petitioners in court.

versus STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

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

Sanya Narula, Advocate and ASI Gajraj Singh, P.S.:

Gokalpuri.

Mr. Aniket with Ms. Farheen Jahan, Advocates for the complainant with complainant in court.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 24.10.2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CRL.M.A. 32147/2024 in CRL.M.C. 8418/2024 CRL.M.A. 32155/2024 in CRL.M.C. 8421/2024 Exemption granted, subject to just exceptions. The applications stand disposed-of.

CRL.M.A. 32148/2024 in CRL.M.C. 8418/2024 CRL.M.A. 32156/2024 in CRL.M.C. 8421/2024 By way of the present applications filed under section 5 of the Limitation Act 1963, the petitioners/applicants seek condonation of 18 days' delay in re-filling their respective petitions. 2.

For the reasons stated in the applications, which are duly supported by affidavits, the applications are allowed.

3.

Delay in re-filling the petitions is condoned. 4.

The petitions are taken on Board.

5.

The applications stand disposed-of.

CRL.M.C. 8418/2024 CRL.M.C. 8421/2024 6.

By way of the present petitions filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners seek quashing of crossFIRs bearing FIR No. 0618/2018 dated 19.12.2018 registered under sections 308/323/341/452/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Gokul Puri, Delhi and FIR No. 0619/2018 dated 19.12.2018 registered under sections 308/34 of the IPC at P.S.: Gokul Puri, Delhi. 7.

The petitions are premised on 02 Settlement Deeds, both dated 20.09.2023, whereby the contesting parties 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.

8.

The petitions are also supported by affidavits of the contesting parties, alongwith proof of their IDs.

9.

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.

10. The court has interacted with the contesting parties, who have confirmed that they have now resolved the matter and the settlement deeds referred to above have been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

11. Mr. Sanjeev Sabharwal, learned APP appearing on behalf of the State confirms that the State has no objection to the subject FIRs being quashed.

12. 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 FIRs 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 FIRs and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

13. Accordingly, FIR No. 0618/2018 dated 19.12.2018 registered under sections 308/323/341/452/34 IPC at P.S.: Gokul Puri, Delhi and FIR No. 0619/2018 dated 19.12.2018 registered under sections 308/34 IPC The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

at P.S.: Gokul Puri, Delhi are quashed. All proceedings arising therefrom also stand closed.

14. Petitions stand disposed-of.

15. 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.