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High Court of DelhiCRL.M.C./9139/2024

Mukesh Kumar & ORS. v. The State NCT Of Delhi And ORS

2024-11-27Hon'Ble Mr. Justice Anup Jairam Bhambhani3 pages

$~65 & 32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9139/2024 MUKESH KUMAR & ORS.

.....Petitioners Through:

Mr.

Rajesh Kabir, Mr.

Anurag Sharma and Mr. Ripieen, Advocates.

Petitioners in-person.

versus THE STATE NCT OF DELHI AND ORS .....Respondents Through:

Mr. Hitesh Vali, APP for the State.

SI Umesh Dalal, PS: Mundka R2 and R3 in-person.

+ W.P.(CRL) 1928/2024 JASBIR SINGH & ORS.

.....Petitioners Through:

Mr. Yogesh Kr. Meena, Ms. Lisa Singh and Mr.

Mahavir Singh, Advocates.

Petitioners in-person.

versus THE STATE & ORS.

.....Respondents Through:

Ms. Rupali Bandhopadhya, ASC for the State with Mr. Abhijeet Kumar, Advocate.

SI Umesh Dalal, PS: Mundka R2 to 5 in-person.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 27.11.2024 CRL.M.A. 35012/2024 in CRL.M.C. 9139/2024 CRL.M.A. 18782/2024 in W.P.(CRL) 1928/2024 Exemption granted, subject to just exceptions. The applications stand disposed-of.

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

CRL.M.C. 9139/2024 W.P.(CRL) 1928/2024 By way of the present petitions filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 and Article 226 of the Constitution of India, the petitioners seek quashing of cross-FIRs bearing FIR No. 0542/2023 dated 03.06.2023 registered under sections 323/324/354(B)/506/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Mundka, Delhi in CRL.M.C. No. 9139/2024 and FIR No.

0543/2023 dated 03.06.2023 registered under sections 323/341/336/506/509/34 of the IPC at P.S.: Mundka, Delhi in W.P.(CRL) No. 1928/2024.

2.

The petitions are premised on a Memorandum of Understanding dated 08.05.2024 ('MoU'), whereby the contesting parties have resolved the matter amicably.

3.

The petitions are also supported by affidavits of the contesting parties, 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 the Investigating Officer.

5.

The court has interacted with the contesting parties, who have confirmed that they have now resolved the matter and a MoU been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

6.

Ms. Rupali Bandhopadhya, learned ASC and Mr. Hitesh Vali, learned APP appear on behalf of the State and confirm that the State has no objection to the subject FIRs being quashed.

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

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 FIRs 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 FIRs and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 8.

Accordingly, FIR No. 0542/2023 dated 03.06.2023 registered under sections 323/324/354(B)/506/34 IPC at P.S.: Mundka, Delhi and FIR No. 0543/2023 dated 03.06.2023 registered under sections 323/341 /336/506/509/34 IPC at P.S.: Mundka, Delhi are quashed. All proceedings arising from the subject FIRs also stand closed. 9.

The petitions stand disposed-of.

10.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J NOVEMBER 27, 2024 ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.