Delhi High Court - Orders
Mohd. Iqbal vs The Govt. Of Nct Of Delhi & Ors on 29 May, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3191/2019
MOHD. IQBAL ..... Petitioner
Through: Mr. Hitesh Rai, Advocate.
versus
THE GOVT. OF NCT OF DELHI & ORS ..... Respondents
Through: Mr. Shoaib Haider, APP for the State with Insp. Dheeraj, SI Ravi Kumar and SI Sumit Kumar, P.S.: Subhash Place.
Mr. Saransh, Advocate for Ms. Nandita Rao, ASC for the State.
Mr. Suneel Ansari, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI OR DER % 29.05.2023 CRL.M.A. 15018/2023 (Exemption) Exemption allowed, subject to just exceptions. Application stands disposed of.
W.P.(CRL) 3191/2019 & CRL.M.A. 15017/2023 By way of the present petition filed under Articles 226 and 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure 1973, the petitioner seeks quashing of case FIR No. 345/2019 dated 26.09.2019 registered under section 420 of the Indian Penal Code, 1860 ('IPC') at P.S.: Subhash Place pursuant to This is a digitally signed order. W.P.(CRL) 3191/2019 Page 1 of 3 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 08/10/2023 at 00:57:32 which chargesheet has been filed in the matter adding sections 468/471 IPC.
2. By way of Crl. M.A. No 15017/2023, the petitioner seeks quashing of the subject FIR on the basis of Settlement dated 16.05.2023 entered into between the petitioner and complainants/respondents Nos. 2 and 3 arrived at before the Counselling Cell, Family Court, North-West, Rohini, Delhi, whereby the contesting parties have resolved the matter amicably.
3. The application is also supported by affidavits of the petitioner and of respondents Nos. 2 and 3, alongwith proofs of their I.Ds.
4. The contesting parties are present in court in-person. Their credentials have been verified and they have also been identified by their respective counsel.
5. The court has interacted with the petitioner, as also with respondents Nos. 2 and 3, who have confirmed that they have now resolved the matter and a Settlement dated 16.05.2023 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.
6. Mr. Shoaib Haider, learned APP submits that the State has no objection to the FIR being quashed.
7. 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 This is a digitally signed order. W.P.(CRL) 3191/2019 Page 2 of 3 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 08/10/2023 at 00:57:32 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.
8. Accordingly, FIR No. 345/2019 dated 26.09.2019 under section 420 IPC at P.S.: Subhash Place is quashed. All proceedings arising therefrom also stand closed.
9. The quashing shall however be subject to the petitioner paying costs of Rs.15,000/- to the Delhi High Court Legal Services Committee within 02 weeks. Let proof of payment of costs be placed on record within 01 week of the payment. The Registry is directed to monitor compliance; and to re-list the matter if the costs are not paid as directed.
10. Petition stands disposed-of in the above terms.
11. Pending applications, if any, also stand disposed-of.
12. The date of 03.07.2023 given earlier, stands cancelled.
ANUP JAIRAM BHAMBHANI, J MAY 29, 2023/uj This is a digitally signed order. W.P.(CRL) 3191/2019 Page 3 of 3 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 08/10/2023 at 00:57:32