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Naveen Bharal vs State Of Nct Of Delhi Through S.H.O. & Anr on 6 April, 2023

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~41
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      CRL.M.C. 2295/2023

                                 NAVEEN BHARAL                                            ..... Petitioner
                                                     Through:      Mr. Sanjeev Khatri and Ms. Divya,
                                                                   Advocates.
                                                     versus

                                 STATE OF NCT OF DELHI THROUGH S.H.O. & ANR.
                                                                                      ..... Respondents
                                                     Through:      Mr. Satinder Singh Bawa, APP for
                                                                   the State with W/SI Archana, P.S.:
                                                                   Hauz Khas.
                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                     ORDER

% 06.04.2023 CRL.M.A. No._8673/2023 (Exemption) Exemption granted, subject to just exceptions. The application stands disposed of.

By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioner and complainant/respondent No. 2, who are neighbours, jointly seek quashing of case FIR No. 234/2017 dated 22.07.2017 registered under sections 354/354D/509 of the Indian Penal Code, 1860 ('IPC') at P.S.:

Hauz Khas, New Delhi.

2. The petition is premised on a Compromise Deed dated 25.03.2023, whereby the petitioner and respondent No. 2 have resolved the matter amicably.

3. The petition is also supported by affidavits of the petitioner and of respondent No. 2, alongwith proofs of their I.Ds.

4. The contesting parties are present 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 respondent No. 2, who have confirmed that they have now resolved the matter and a Compromise Deed dated 25.03.2023 has been signed by them closing all issues amicably. Respondent No. 2 states that she wishes to close the matter and 'get on with her life.' Parties are stated to be neighbours, and now wish to live in peace and harmony going forward.

6. Mr. Satinder Singh Bawa, 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 is persuaded to accept that the proceedings emanating from the subject FIR should 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.

8. Accordingly, FIR No. 234/2017 dated 22.07.2017 registered under sections 354/354D/509 IPC at P.S.: Hauz Khas is quashed. All proceedings arising therefrom also stand closed.

9. The quashing shall however be subject to the petitioner paying costs of Rs.25,000/- to the Delhi High Court Legal Services Committee within 02 weeks; and to place proof of payment of costs on record. The Registry is directed to monitor compliance; and failing which to re-list the matter before this court.

10. Petition stands disposed-of.

11. Pending applications, if any, also stand disposed-of.

ANUP JAIRAM BHAMBHANI, J APRIL 6, 2023/uj Signature Not Verified Digitally Signed By:NEERAJ Signing Date:11.04.2023 CRL.M.C. 2295/2023 Page 3 of 3 15:20:23