Amir Khan v. The State NCT Of Delhi & ANR.

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ AMIR KHAN .....Petitioner Through:

Mr. Mohd. Shariq with Mr. Umar Draj, Advocates.

Petitioner in court.

versus THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for the State with SI Sheetal, P.S.: Hauz Khas.

R2 in court.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 10.12.2024 CRL.M.A. 32977/2024 Exemption granted, subject to just exceptions. The application stands disposed-of.

By way of the present petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks quashing of case FIR No. 0407/2024 dated 08.09.2024 registered under sections 341/354/506/509 of the Indian Penal Code, 1860 ('IPC') at P.S.: Hauz Khas, 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, whereby the petitioner and respondent No. 2 have resolved the matter amicably.

3.

The petition is also supported by affidavits of the petitioner and of respondent No. 2, 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 respondent No.2, who confirms that she has resolved the matter with the petitioner and a settlement has been signed by them closing all issues amicably.

6.

Mr. Sanjay Lao, learned Standing Counsel 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, case FIR No. 0407/2024 dated 08.09.2024 registered under sections 341/354/506/509 IPC at P.S.: Hauz Khas, 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.

The petition stands disposed-of.

10.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J DECEMBER 10, 2024 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.