Mukesh Kumar v. State NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MUKESH KUMAR .....Petitioner Through:

Mr.

Arun Yadav, Advocate with Petitioner in-person.

versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Sanjeev Sabharwal, APP for the State with Ms.

Sanya Narula, Advocate.

SI Chetan, HC Pardeep Lohan, P.S :

Begumpur.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 11.11.2024 CRL.M.A. 33663/2024 (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 petitioner seeks quashing of case FIR No. 0443/2023 dated 25.06.2023 registered under sections 452/323/341/506/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Begum Pur, Delhi.

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 Deed of Compromise dated 22.10.2024 ('Deed of Compromise'), whereby the petitioner and respondent No. 2 have resolved their disputes amicably.

3.

The petition is also supported by affidavits of the petitioner and of respondent No. 2, alongwith proof of their IDs. 4.

The petitioner and respondent No.2 are present in court. Their credentials have been verified and they have also been identified by the Investigating Officer.

5.

The court has interacted with respondent No.2, as also with the petitioner, who have confirmed that they have now resolved the matter and a deed of compromise has been signed by them closing all inter-se disputes between them amicably.

6.

For clarity, it is recorded that respondent No.2 states that though certain other persons were also standing next to the petitioner at the time of the alleged incident, he had no dealings with any of the other persons and is not in a position to even identify them. In the circumstances, respondent No. 2 states that his grievance was only against the petitioner and he wishes to have the subject FIR quashed in its entirety.

7.

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

8.

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

subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the compromise 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. 9.

Accordingly, case FIR No. 0443/2023 dated 25.06.2023 registered under sections 452/323/341/506/34 IPC at P.S.: Begum Pur, Delhi is quashed. All proceedings arising therefrom also stand closed. 10.

The petition stands disposed-of.

11.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J NOVEMBER 11, 2024/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.