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High Court of DelhiCRL.M.C./9317/2024

Mohit Kumar Singh v. The State Govt. Of NCT Of Delhi And ANR.

2024-11-28Hon'Ble Mr. Justice Anup Jairam Bhambhani3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MOHIT KUMAR SINGH .....Petitioner Through:

Mr. Vikas Bidhuri, Advocate via video-conferencing with Ms. Ananya Singhal, Mr. Punit Bidhuri, Mr. Arjun Gupta and Mr. Sohit Bansal, Advs.

Petitioner in person.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Hitesh Vali, APP for the State.

SI Amar Singh, P.S. Kishangarh.

Mr.

Sagar Gupta, Ms.

Tanya Mahndirratta, Mr. Lakshay Chaprana and Mr. Sumit Bainsla, Advocates for R2 alongwith R2 in person.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 28.11.2024 CRL.M.A. 35708/2024 Exemption granted, subject to just exceptions. The applications stand 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. 0341/2022 dated 27.07.2022 registered under sections 354-D/506 of the Indian Penal Code, 1860 ('IPC') at P.S.: Kishan Garh, 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 Memorandum of Settlement dated 14.11.2024, whereby the petitioner and respondent No.2 have resolved the matter amicably.

3.

The petition is also supported by affidavits of the petitioners 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 their respective counsel and 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 memorandum of settlement has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

6.

Mr. Hitesh Vali, learned APP 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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Accordingly, FIR No. 0341/2022 dated 27.07.2022 registered under sections 354-D/506 IPC at P.S.: Kishan Garh, Delhi is quashed. All proceedings arising therefrom also stand closed. 9.

The petition stands disposed-of.

10.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J NOVEMBER 28, 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.