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High Court of DelhiCRL.M.C./46/2025

Sandeep Kumar Singh v. State Of NCT Of Delhi & ANR. & ORS.

2025-02-21Hon'Ble Mr. Justice Anup Jairam Bhambhani2 pages

$~34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 46/2025 SANDEEP KUMAR SINGH .....Petitioner Through:

Mr. Vishal Bhardwaj, Mr. Mohit, Mr.

Sanju Rana and Ms.

Japneet Bhardwaj, Advocates.

Petitioner via video-conferencing.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Digam Singh Dagar, APP for the State.

SI Meeta, P.S. Mukherji Nagar.

Mr. Anil Kumar, Adv. for R2 alongwith respondent No.2.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 21.02.2025 CRL.M.A. 215/2025 (exemption) Exemption granted, subject to just exceptions. The application stands disposed-of.

CRL.M.C. 46/2025_ By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner and complainant/respondent No. 2, seek quashing of case FIR No. 321/2016 dated 09.03.2016 registered under sections 323/354/506/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Mukherjee Nagar, Delhi on consent.

2.

The petitioner has joined the proceedings via video-conferencing, since he is stated to be attending to his ailing mother. Respondent No.2 is present in court.

CRL.M.C. 46/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:35:32

3.

Though vide order dated 17.01.2025, learned Joint Registrar (Judicial) has recorded the statements of the parties, the statements are not on record.

4.

In any event, the court has queried respondent No.2, who confirms that she has signed a Compromise/Memorandum of Understanding dated 05.12.2024 amicably resolving all her disputes with the petitioner. She states that she does not wish to pursue further proceedings in the subject FIR.

5.

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. 6.

Accordingly, case FIR No. 321/2016 dated 09.03.2016 registered under sections 323/354/506/34 of the IPC at P.S.: Mukherjee Nagar, Delhi is quashed. All proceedings arising therefrom also stand closed. 7.

Petition stands disposed-of.

8.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J FEBRUARY 21, 2025 V.Rawat CRL.M.C. 46/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:35:32