Manish Yadav & ANR. v. State Of NCT Of Delhi & ANR.
$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10251/2024 MANISH YADAV & ANR.
.....Petitioners Through:
Mr. Chirag Goyal, Adv.
Mr. Rahul Malhotra, Adv.
Versus
STATE OF NCT OF DELHI & ANR.
.....Respondents Through:
Ms. Kiran Bairwa, APP for State with SI Ramaulati, PS. Maurice Nagar.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN % 28.01.2025
O R D E R
1.
The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.99/2021 under Sections 288/336 IPC registered at Police Station Maurice Nagar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
2.
Notice was issued in the present petition on 24.12.2024. 3.
The learned APP submits that since the FIR is an outcome of a property dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed. 4.
The petitioner nos.1 and 2, as well as, the respondent no. 2 have joined through VC and they have been identified by their respective counsel, as well as, by the Investigating Officer SI Ramaulati, PS. Maurice Nagar. 5.
The brief facts of the case are that the FIR was registered at the instance of the complainant/respondent no.2 against the petitioners alleging The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
that the petitioners have damaged the residence of the respondent no.2 while carrying out demolition activity/work in the adjacent house. 6.
During the pendency of proceedings, a civil suit was filed by the respondent no.2 for injunction where the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Agreement dated 05.10.2021, which is annexed as Annexure P-2 to the present petition. 7.
It is a term of the settlement between the parties that the petitioner nos.1 and 2 shall pay a total sum of Rs. 80 lacs to the respondent no.2 towards full and final settlement of all his claims. The entire amount of Rs. 80 lacs has been paid to the respondent no.2 by the petitioner nos.1 and 2, the receipt of which is acknowledged by the respondent no.2, who has joined through VC.
8.
The respondent no.2, on a query posed by the Court, states that he has no objection in case the FIR is quashed.
9.
In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
10.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 11.
Consequently, the petition is allowed and the FIR No.99/2021 under Sections 288/336 IPC registered at Police Station Maurice Nagar alongwith all other proceedings emanating therefrom, is quashed. 12.
The petition stands disposed of in the above terms. 13.
Order be uploaded on the website of this Court. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
VIKAS MAHAJAN, J JANUARY 28, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.