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High Court of DelhiCRL.M.C./8603/2024

Inderjeet Yadav@Shera & ANR. v. The State G.N.C.T.D. & ORS.

2024-10-29Hon'Ble Mr. Justice Anup Jairam Bhambhani3 pages

$~56 & 57 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 8603/2024 INDERJEET YADAV@SHERA & ANR.

.....Petitioners Through:

Mr. D.B. Yadav, Mr. Sauraj Yadav and Mr.

Satyavijay Yadav, Advocates.

versus THE STATE G.N.C.T.D. & ORS.

.....Respondents Through:

Mr. Utkarsh, APP for the State.

SI Hanspreet Singh, P.S.: Timarpur.

Mr. Munna Kumar, Advocate with respondent No.2 and respondent No.3 in-person.

+ CRL.M.C. 8607/2024 SANJAY KUMAR CHAURASIYA & ANR.

.....Petitioners Through:

Mr. Munna Kumar, Advocate with petitioner No.1 and petitioner No.2 in-person.

versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Utkarsh, APP for the State.

SI Hanspreet Singh, P.S.: Timarpur.

Mr. D.B. Yadav, Mr. Sauraj Yadav and Mr. Satyavijay Yadav, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 29.10.2024 CRL.M.A. 32884/2024 in CRL.M.C. 8603/2024 CRL.M.A. 32894/2024 in CRL.M.C. 8607/2024 Exemption granted, subject to just exceptions. The application stands disposed-of.

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

CRL.M.C. 8603/2024 CRL.M.C. 8607/2024 By way of the present petitions filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the parties seek quashing of case FIR No. 172/2022 dated 14.04.2022 registered under sections 323/341/506/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Timarpur, Delhi in CRL.M.C. No. 8603/2024; and case FIR No.173/2022 dated 14.04.2022 registered under sections 323/341/506/34 IPC at P.S.:

Timarpur, Delhi in CRL.M.C.

No.8607/2024.

2.

The petitions are premised on Mediated Settlement dated 24.02.2024 arrived at through mediation under the aegis of Delhi Mediation Centre, Tis Hazari Courts, Delhi, whereby the parties have resolved the matter amicably.

3.

The petitions are also supported by affidavits of all the parties, 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 the parties, who have confirmed that they have now resolved the matter and a Mediated Settlement dated 24.02.2024 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 submits, that though the State has no objection to the subject FIR being quashed, except to point-out that since all the offences in the subject FIR are compoundable, the parties The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

ought to have first approached the learned Trial Court for that purpose, instead of straightaway invoking the jurisdiction of this court.

7.

Be that as it may, in order to obviate any further delay in the matter and in aid of closing avoidable criminal proceedings, 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. 8.

Accordingly, FIR No. 172/2022 dated 14.04.2022 registered under sections 323/341/506/34 IPC at P.S.: Timarpur, Delhi; and FIR No. 173/2022 dated 14.04.2022 registered under sections 323/341/506/34 IPC at P.S.: Timarpur, Delhi are quashed. All proceedings arising therefrom also stand closed.

9.

Petitions stand disposed-of.

10.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 29, 2024/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.