Manish Kumar & ANR. v. State Of NCT Of Delhi & ANR.

$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9340/2024 & Crl.M.As.35822-23/2024 MANISH KUMAR & ANR.

.....Petitioners Through:

Mr. Ajay Sharma (D/1956-F/2008), Ms. Anju and Mr. Sunny, Advocates with petitioners in person versus STATE OF NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Raghuinder Verma, APP for the State Mr. Shafik Ahmed, Advocate (D/6784/2020) for R-2 with R-2 person

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 29.11.2024 1.

The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS) (earlier Section 482 of the Code of Criminal Procedure, 1973) has been filed by the petitioners praying for quashing of FIR bearing No. 256/2020, registered at Police Station - Karawal Nagar, Delhi, for offences punishable under Sections 323/324/341/34 of the Indian Penal Code, 1860 (hereinafter "IPC"). 2.

Issue notice.

3.

Learned APP for the State accepts notice on behalf of respondent no.1 and Mr. Ajay Sharma, Advocate accepts notice on behalf of respondent No.2, who is also present in Court.

4.

The brief facts of the case are that a dispute arose between the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioners and respondent no. 2, thereby leading to the registration of the aforesaid FIR against the petitioners.

5.

Both the parties entered into settlement vide Compromise Deed dated 31st October, 2024 which is annexed as Annexure P-3 and the terms & conditions of the said settlement are mentioned in the said deed. It is submitted that the parties are neighbours and have been living peacefully in the same locality.

6.

It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise as per the Judgment of the Hon'ble Supreme Court passed in Gian Singh vs. State of Punjab, (2012) 10 SCC 303. At this juncture, the petitioners appearing in-person also undertake to not repeat the same conduct in the future. 7.

Learned APP for the State submitted that there is no opposition to the prayer made on behalf of the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties. 8.

Heard learned counsel for the parties and perused the record. 9.

The petitioners are present before this Court and have been identified by their counsel Mr. Ajay Sharma, Advocate (Enrollment No.D/1956F/2008). The respondent No.2/complainant is also present in the Court and has been identified by his counsel Mr. Shafik Ahmed, Advocate (Enrollment No.D/6784/2020).

10.

On the query made by this Court, respondent no.2/complainant has categorically stated that he has entered into compromise on his own free will and without any pressure. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties. 11.

Keeping in view the fact that parties have settled the matter as well as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

undertaking given by the petitioners, no useful purpose would be served by keeping the matter pending. Hence, FIR bearing No. 256/2020, registered at Police Station - Karawal Nagar, Delhi, for offences punishable under Sections 323/324/341/34 of the IPC and consequent proceedings emanating therefrom are quashed.

12.

The petition along with pending applications stands disposed of. CHANDRA DHARI SINGH, J NOVEMBER 29, 2024 Rt/mk Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.