Mohd Shahnawaz Ali & ORS. v. State Govt. Of NCT Of Delih And ANR.

$~87 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MOHD SHAHNAWAZ ALI & ORS.

.....Petitioners Through:

Mr. Ashish Sheoran, Advocate with P-1 to 3 & 5 in-person.

P-4 and 6 via video-conferencing.

versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through:

Ms. Shubhi Gupta, APP for the State.

SI Naresh Kumar, P.S.:

Bhalswa Dairy.

R2 in-person.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 25.10.2024 CRL.M.A. 32443/2024 (exemption) 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, who are the husband and in-laws of the complainant/respondent No.2,seek quashing of case FIR No. 0537/2021 dated 29.07.2021 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Bhalswa Dairy, Delhi.

2.

The petition is premised on Settlement Deed dated 11.04.2023 ('Settlement Deed') arrived at through mediation before the Delhi Mediation Centre, Rohini District Courts, Delhi. 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 supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their IDs. 4.

Petitioners Nos. 1 to 3 and 5 are present in court alongwith respondent No. 2; and petitioners Nos. 4 and 6 have joined the proceedings via video-conferencing. Their credentials have been verified and they have also been identified by the Investigating Officer. 5.

The court has queried respondent No.2, who confirms that the parties have resolved all their disputes amicably and in view of the settlement deed, she has re-joined the company of petitioner No. 1. Respondent No. 2 also confirms that all aspects of the settlement have now been performed.

6.

Ms. Shubhi Gupta, 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. 8.

Accordingly, FIR No. 0537/2021 dated 29.07.2021 registered under sections 498-A/406/34 IPC at P.S.: Bhalswa Dairy, Delhi is quashed. All proceedings arising therefrom also stand closed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

Petition stands disposed-of.

10.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 25, 2024/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.