Wasim @ Waseem & ORS. v. State Of NCT Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ WASIM @ WASEEM & ORS.

.....Petitioners Through:

Mr. Abhishek Rana, Mr. Rajkumar and Ms. Komal, Advocates alongwith P1 to P4 and P6.

versus STATE OF NCT DELHI & ANR.

.....Respondents Through:

Mr. Sanjeev Sabharwal, APP for the State with Insp. Dinesh Chandra, P.S.

Khajuri Khas.

Mr. Bhavnish Gola, Advocate for R2 alongwith R2.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 05.11.2024 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. 0857/2020 dated 12.11.2020 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Khajuri Khas, Delhi.

2.

The petition is premised on Settlement Agreement dated 28.10.2024 ('Settlement Agreement') signed between respondent No. 2 and petitioner No. 1, whereby the parties have settled their disputes amicably. The settlement agreement records that respondent No.2 (wife) has re-joined the company of petitioner No.1 (husband) and has been residing with him since 18.11.2023.

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

3.

All contesting parties, except petitioner No.5, are present in court. Their credentials have been verified and they have also been identified by the Investigating Officer and by their respective counsel. Petitioner No.5 is stated to have joined the hearing via video-conferencing, but she is neither visible nor audible.

4.

The court has interacted with respondent No.2.She confirms that she has amicably resolved her disputes with the petitioners and that the settlement agreement has been signed closing all disputes between the parties. She also confirms, that she has re-joined the company of petitioner No.1 and has been cohabiting with him since 18.11.2023. 5.

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

6.

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. 7.

Accordingly, FIR No. 0857/2020 dated 12.11.2020 registered under sections 498-A/406/34 of the IPC at P.S.: Khajuri 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.

8.

The petition stands disposed-of.

9.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J NOVEMBER 5, 2024 V.Rawat The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.