Ashok Shah v. State Of NCT Of Delhi

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 8609/2024 & CRL.M.A. 32904/2024 ASHOK SHAH .....Petitioner Through:

Mr. Arun Vashisht, Advocate.

versus STATE OF NCT OF DELHI .....Respondent Through:

Mr. Utkarsh, APP for the State.

SI Sangeeta, P.S.: S.B. Dairy.

Mr. Ankit Rai, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 29.10.2024 CRL.M.A. 32905/2024 (exemption) Exemption granted, subject to just exceptions. The application stands disposed of.

CRL.M.C. 8609/2024 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. 0329/2018 dated 11.06.2018 registered under sections 341/354/354(D)/506/509 of the Indian Penal Code, 1860 ('IPC') at P.S.: Shahbad Dairy, Delhi.

2.

The petition is premised on Affidavit dated 14.09.2024 filed by respondent No.2, who affirms that the matter has been settled between the parties.

3.

The petition is also supported by affidavits of the petitioner alongwith proof of their IDs of both the parties.

CRL.M.C. 8609/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:54:55

4.

Respondent No.2 has joined the proceedings via video-conferencing and the petitioner is 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 respondent No.2, as also with petitioner who have confirmed that they have now resolved the matter. Parties now wish to live in peace and harmony going forward. 6.

Mr. Utkarsh, 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. 0329/2018 dated 11.06.2018 registered under sections 341/354/354(D)/506/509 IPC at P.S.: Shahbad Dairy, 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 29, 2024/ak CRL.M.C. 8609/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:54:55