Prem Sagar vs. State Nct Of Delhi

Final Order
Court:High Court of Delhi
Judge:Hon'ble Chandra Dhari Singh
Case Status:Unknown Status
Order Date:14 Feb 2025
CNR:DLHC010065042025

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Order Issued After Hearing

Purpose:

First Hearing

Listed On:

13 Feb 2025

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1026/2025 & CRL.M.A. 4663/2025

PREM SAGAR & ANR. .....Petitioners

Through: Mr. Nitin Saluja along with the petitioners in person

versus

STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Satish Kumar, APP for State with SI Mayank Istwal, P. S. Kalyanpuri, Delhi Respondent no. 2 in person (Through VC)

CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R % 14.02.2025

  1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") (earlier Section 482 of the Code of Criminal Procedure, 1973) has been filed by the petitioners praying for quashing of FIR bearing No. 556/2014 registered at Police Station - Kalyanpuri, Delhi for offences punishable under Sections 354/308/34 of the Indian Penal Code, 1860 (hereinafter "IPC").

  2. The Joint Registrar (Judicial) vide order dated 13th February, 2025 has verified the facts and details of the instant matter.

  3. Learned counsel for the petitioners submitted that on account of certain misunderstanding between the petitioners and the respondent no.2, a

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complaint was made against the petitioners by the respondent no.2, which resulted in registration of the instant FIR dated 27th June, 2014.

  1. It is submitted by the petitioners that with the intervention of family members and relatives, the parties entered into settlement vide Settlement Deed/Compromise Deed dated 6 th February, 2025. The terms and conditions of the said settlement are mentioned in the Settlement Deed/Compromise Deed which is annexed as Annexure P-3 to the instant petition.

  2. Therefore, It is prayed that the instant FIR may be quashed on the basis of Settlement Deed/Compromise Deed dated 6 th February, 2025 and and in accordance with the settled position of law as posited by the Hon'ble Supreme Court.

  3. Learned APP for the State submitted that there is no objection to the prayer made on behalf of the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

  4. Heard learned counsel for the parties and perused the record.

  5. The petitioners are present before this Court and have been identified by their counsel, Mr. Nitin Saluja and Investigating Officer SI Mayank Istwal, Police Station – Kalyanpuri, Delhi. The respondent no.2/complainant is also present in the Court and has been identified by the Investigating Officer.

  6. On the query made by this Court, respondent no.2 has categorically stated that she has entered into compromise on her own free will and without any pressure and she does not want to pursue the aforesaid FIR any further. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties. The parties also undertook that they

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shall abide the terms and conditions of the Settlement Agreement arrived at between the parties.

  1. In the instant case, as stated above, the parties have reached on the compromise and amicably settled the entire disputes without any pressure. It is also informed that the brother of respondent no.2 who was injured has also given his no objection certificate and does not wish to pursue this matter against the petitioners.

  2. In view of the settlement arrived at between the parties and the law laid down by the Hon'ble Supreme Court, the present petition is allowed. Accordingly, FIR bearing No. 556/2014 dated - 27th June, 2014 registered at Police Station - Kalyanpuri, Delhi for offences punishable under Sections 354/308/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

  3. The petition alongwith pending applications, if any, stand disposed of.

CHANDRA DHARI SINGH, J

FEBRUARY 14, 2025 gs/anr/ryp

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