Sandeep Singh v. The State (Govt Of NCT Delhi) & ANR.
$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8812/2024 SANDEEP SINGH .....Petitioner Through:
Mr. R.K. Rathore and Mr. Aayush Rathore, Advs.
versus THE STATE (GOVT OF NCT DELHI) & ANR......Respondents Through:
Mr. Aman Usman, APP for State with Insp. Rajiv Kumar, PS. Kishangarh.
Mr.
Himanshu Mehra and Ms.
Muskan Khurana, Advs.
for R-2/complainant.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 25.02.2025 CRL.M.A. 6181/2025 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.A. 6180/2025 (early hearing) 3.
The present application has been filed under Section 528 BNSS seeking early hearing of the petition.
4.
For the reasons mentioned in the application, the same is allowed. 5.
The application stands disposed of.
CRL.M.C. 8812/2024 6.
With the consent of the parties, the matter is taken up today for disposal.
7.
The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.196/2024 under Sections 332(C)/74/75(2)/76/79/115(2)/351(2) BNS registered at Police Station Kishan The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Garh and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 8.
Issue notice. The learned APP for the State accepts notice. He submits that since the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.
9.
The petitioner, as well as, the respondent no. 2 are present in Court and they have been identified by their respective counsel, as well as, by the Investigating Officer Insp. Rajiv Kumar, PS. Kishangarh. 10.
The case of the prosecution is that the petitioner and the respondent no.2/complainant were in relationship for more than 18 months and were living together. Further, they were about to get married. Since, there was some misunderstanding between the parties, the respondent no.2 got the aforesaid FIR registered against the present petitioner. 11.
During the pendency of proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 22.10.2024, which is annexed as Annexure P-6 to the present petition. 12.
It is a term of the settlement that the parties with the intervention of family and friends have resolved all their disputes amicably without any coercion or pressure.
13.
It is also a term of the settlement that the respondent no.2 will cooperate with the petitioners for the quashing of the present FIR. 14.
The parties are present in Court and on a query posed by the Court, they affirm the factum of settlement and states that they are likely to get married. 15.
The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed.
16.
At this stage, apt would it be to refer to the observations of the Supreme The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor."
17.
In view of the settlement between the parties, the ultimate chances of conviction in the case are bleak, therefore, continuation of criminal proceedings will not serve any useful purpose and it will be an exercise in futility.
18.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.
19.
Consequently, the petition is allowed and the FIR No.196/2024 under Sections 332(C)/74/75(2)/76/79/115(2)/351(2) BNS registered at Police Station Kishan Garh alongwith all other proceedings emanating therefrom, is quashed.
20.
The petition stands disposed of in the above terms. 21.
Order be uploaded on the website of this Court. 22.
The date already fixed i.e. 15.05.2025 stands cancelled. VIKAS MAHAJAN, J FEBRUARY 25, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.