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High Court of DelhiW.P.(CRL)/3728/2024

Priyanshu Bundela & ANR. v. State NCT Of Delhi And ANR

2025-01-22Hon'Ble Ms. Justice Manmeet Pritam Singh Arora3 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3728/2024 & CRL.M.A. 35801/2024 PRIYANSHU BUNDELA & ANR.

.....Petitioners Through:

Mr. Faiyaz Hasan, Mr. Balraj Tanwar and Mr. Nadeem Khan, Advocates with Petitioners in person versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Amol Sinha, ASC (Crl.) for the State SI Raghuraj Singh, P.S. Sangam Vihar Mr. Tushar Pahadia, Mr. Anuj Siwas, Advocates for R-2

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 22.01.2025 1.

The present petition has been filed under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') seeking quashing of FIR No. 0525/2024 dated 01.11.2024 registered at Police Station (PS) Sangam Vihar for offences under Sections 115(2)/126(2)/351(2)/74/79/3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) on the basis of the terms of settlement recorded in Memorandum of Understanding (MoU) dated 06.11.2024, which is annexed with this Petition as 'Annexure A-2'.

2.

Petitioner Nos. 1 and 2 are present in Court have been identified by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

their counsel and the Investigating Officer (IO). 3.

Respondent No. 2 is also present in Court and has been identified by the counsel as well as the IO. Respondent no. 2 states that she has no objection to the FIR being quashed. An affidavit in this regard is also filed by her which is annexed along with the present petition. 4.

The learned counsels for the parties state that there is a Cross-FIR No.0523/2024 dated 01.11.2024 registered at PS Sangam Vihar for offences under Sections 115(2)/126(2)/304(2)/223(B)/3(5) of the BNS also pending between the parties and quashing petition qua the said FIR has been duly filed with the registry. The parties requested that the said quashing petition be also taken up for hearing.

5.

The Court Master was directed to have the e-file for the said quashing petition summoned.

6.

At the pass-over stage a quashing petition numbered as WP(CRL) 243/2025 has been placed before this Court qua the cross-FIR No. 0523/2024 and the same is listed on board as Item 63. Orders in WP(CRL) 243/2025 has been passed separately.

7.

Learned counsels appearing for the Petitioners and Respondent no. 2 state that parties are all neighbours and the dispute between the parties has been amicably resolved. It is further stated that with the above said settlement no dispute remains for adjudication between the parties. 8.

The parties who are present before this Court today have expressed remorse and regret for their respective conduct and the incident which led to the filing FIR and Cross-FIR and have submitted that the said incident happened in the heat of the moment. Both the parties being neighbours have agreed to maintain cordial relations with each other in future. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

Keeping in view the nature of the dispute and the fact that the parties have amicably settled the dispute and considering the chances of conviction of the Petitioners being remote and bleak, this Court is, therefore, of the view that there is no use continuing with proceedings of the captioned FIR as it would be misuse of the process of the Court and an unnecessary burden on the State exchequer. It will be nothing but abuse of the process of law. Further this Court is also of the considered opinion that it is a fit case to exercise discretionary jurisdiction under Section 528 of the BNSS. 10.

Accordingly, the petition is allowed and consequently, the FIR No. 0525/2024 dated 01.11.2024 registered at PS Sangam Vihar for offences under Sections 115(2)/126(2)/351(2)/74/79/3(5) of the BNS and proceedings emanating therefrom are quashed.

11.

Parties shall abide by and are bound down to the terms of settlement recorded in the MoU dated 06.11.2024.

12.

Pending application is disposed of as infructuous. 13.

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J JANUARY 22, 2025/msh/sk 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.