Delhi High Court - Orders
Sanjeev Anr Ors vs State Through Sho Ps Bindapur And Anr on 16 November, 2023
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 8084/2023
SANJEEV ANR ORS ..... Petitioners
Through: Ms. Sarla Tanwar, Advocate
alongwith petitioners in person
versus
STATE THROUGH SHO PS BINDAPUR AND ANR
..... Respondents
Through: Mr. Satinder Singh Bawa, APP for
the State
Mr. Akshat Gupta and mR.Sumit
Garg, Advocates for R-2 alongwith
R-2 in person with SI Shiksha, PS
Bindapur, ASI Bharatvir, Spl
Branch Dwarka Zone
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 16.11.2023
1. The petitioners vide the present petition under Section 482 of the Code of Criminal Procedure, 1973 seek quashing of FIR No.400/2018 dated 16.05.2018 registered under Sections 323/354/354A/509/34 of the Indian Penal Code, 1860 at P.S. Bindapur, Delhi and all proceeding emanating therefrom in view of the Settlement Agreement dated 13.12.2021 arrived at between the parties.
2. Learned APP for the State has handed over a copy of Status Report alongwith the copy of the MLC, the same is taken on record.
CRL.M.C. 8084/2023 Page 1 of 3This is a digitally signed order.
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 18/11/2023 at 00:15:36
3. This petition is accompanied by the Settlement Agreement dated 13.12.2021 [Annexure-A6] and is also supported by affidavits of all the petitioners and of respondent no.2, alongwith proofs of their respective I.Ds.
4. Petitioner nos.1 to 3 and as also respondent no.2 are present in Court and have been identified by the I.O. Their credentials have been verified by this Court.
4. Issue Notice.
5. Learned APP for the State accepts notice. He objects to the quashing of the aforesaid FIR due to the nature of the offence.
5. Learned counsel for the respondent no.2 also accepts notice. Respondent no.2 affirms the Settlement Agreement dated 13.12.2021 and submits that she has voluntarily settled all disputes with the petitioners. She further states that she does not wish to pursue the criminal proceedings against the petitioners and has no objection to the quashing of the present FIR.
6. In view of the fact that the settlement has been arrived at between the parties, and as the respondent no.2 does not wish to continue with the criminal proceedings, in order to bring a quietus to the present disputes and following the law laid down by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court is of the opinion that continuation of the aforesaid FIR will be an exercise in futility.
CRL.M.C. 8084/2023 Page 2 of 3This is a digitally signed order.
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 18/11/2023 at 00:15:36
7. Accordingly, the petition is allowed and FIR No.400/2018 dated 16.05.2018 registered under Sections 323/354/354A/509/34 IPC at P.S. Bindapur South West, Delhi and all proceeding emanating therefrom are quashed.
8. The petition alongwith the pending application stands disposed of.
SAURABH BANERJEE, J NOVEMBER 16, 2023/rr CRL.M.C. 8084/2023 Page 3 of 3 This is a digitally signed order.
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 18/11/2023 at 00:15:36