Manish & Ors vs State & Anr
2019 Latest Caselaw 6678 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                     Date of decision: December 19, 2019
+     W.P.(CRL) 3532/2019 & Crl.M.A. 43083/2019

      MANISH & ORS.                                      ..... Petitioners
                          Through:      Mr. Nishcal Sharma, Advocate

                          Versus

      STATE & ANR.                                       ..... Respondents
                          Through:      Ms. Richa Kapoor, Additional
                                        Standing Counsel with Ms. Charu
                                        Chaudhary & Ms. Shivani Sharma,
                                        Advocates for respondent
                                        No.1/State
                                        Mr. Yogesh Kumar & Mr. Amit
                                        Kumar, Advocates for respondent
                                        No.2
      CORAM:
      HON'BLE MR. JUSTICE BRIJESH SETHI

                          JUDGMENT

BRIJESH SETHI, J (oral)

Quashing of FIR No. 277/2019, under Sections 323/452/506/34 IPC, registered at police station Jaitpur, Delhi is sought on the ground that the misunderstanding which led to registration of the FIR, now stands cleared between the parties.

Learned counsel for petitioners submits that due to inadvertence, co-accused Sachin Sharma and Mohit Sharma and also other victims, namely, Vasudev Sharma, Arjun pandit and Sunil Kumar, were not arrayed in this petition and seeks permission to place on record Amended

Memo of Parties impleading the afore mentioned accused and victims along with their affidavits.

The Amended Memo of Parties dated 19th December, 2019 along with affidavits of co-accused and victims are taken on record.

Ms. Richa Kapoor, learned Additional Standing Counsel for respondent-State accepts notice and submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and he has been identified to be so, by Investigating Officer of this case on the basis of identity proof produced by him.

Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved and he affirms the contents of his Affidavit of 19th December, 2019 supporting this petition and submits that now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.

Upon hearing and on perusal of the FIR of this Case, I find that continuance of proceedings arising out of the FIR in question would be an exercise in futility as the misunderstanding, which led to registration of the FIR, now stands cleared between the parties.

Accordingly, this petition is allowed and FIR No. 277/2019, under Sections 323/452/506/34 IPC, registered at police station Jaitpur, Delhi and the proceedings emanating therefrom are quashed qua petitioners.

This petition and application stand disposed of accordingly.

(BRIJESH SETHI) JUDGE DECEMBER 19, 2019/r