Delhi High Court
Mr Manoj & Anr. vs Nct Of Delhi (State) & Anr. on 17 May, 2021
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 17.05.2021
+ CRL.M.C. 979/2021 & CRL.M.A. 4978/2021
PRADEEP MALIK & ORS. ..... Petitioners
Through: Mr. Aman Usman, Advocate
Versus
NCT OF DELHI (STATE) & ANR. ..... Respondents
Through: Mr. Panna Lal Sharma, Additional
Public Prosecutor for respondent
No.1/State with SI Dungersee
Mr. Gaurav Sharma, Advocate
with respondent No.2 in person.
+ CRL.M.C. 987/2021 & Crl.M.A. 5031/2021
MR MANOJ & ANR. ..... Petitioners
Through: Mr. Gaurav Sharma, Advocate
Versus
NCT OF DELHI (STATE) & ANR. ..... Respondents
Through: Mr. Panna Lal Sharma, Additional
Public Prosecutor for respondent
No.1/State with SI MahiPal
Mr. Manu Sharma, Advocate with
Respondent No.2.
CRL.M.C. 979/2021 & CRL.M.C. 987/2021 Page 1 of 4
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
The hearing has been conducted through video conferencing.
1. The above captioned two petitions pertain to common incident
which occurred on 31.01.2021 at around 10:45 PM at WTC Club, Hauz
Khas, New Delhi when a conflict took place between the parties to these
petitions, which resulted into two FIRs at police station Hauz Khas, New
Delhi. The first captioned petition pertains to FIR No. 48/2021, under
Sections 354/323/341/34 IPC and the second captioned petition pertains
to FIR No. 47/2021, under Section 308/34 IPC.
2. Notice issued.
3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for
State, accepts notice and submits that Sakshi Chauhan, who is the
complainant of FIR No. 48/2021 and Pradeep Malik, who is the
complainant of FIR No. 47/2021, are present through video conferencing
and they have been identified by the Investigating Officers of these cases,
who are also present through video conferencing.
4. With the consent of both the sides, the present petition has been
taken up for final hearing and disposal.
5. Learned counsel for petitioners submit that the subject matter of
these FIRs has been amicably resolved in terms of Settlement Agreement
dated 26.02.2021 and now no grievance amongst the parties survives and
continuance of proceedings arising out of these FIRs would be nothing
but a burden on the State machinery.
6. Sakshi Chauhan, complainant of FIR No. 48/2021 and Pradeep
Malik, complainant of FIR No. 47/2021, are present through video
conferencing and they affirm the factum of resolution of dispute in terms
of Settlement Agreement dated 26.02.2021 reached between the parties.
They affirm the contents of their affidavits placed on record in support of
these petitions and submit that no grievance against each other survives
and so, the FIRs in question and proceedings emanating therefrom be
quashed.
7. Taking into account the aforesaid facts, this Court is inclined to
quash FIR as no useful purpose would be served in prosecuting
petitioners any further.
8. For the reasons afore-recorded, FIR No. 47/2021 and FIR No.
48/2021, both registered at police station Hauz Khas, New Delhi and
consequent proceedings emanating therefrom are hereby quashed.
9. The petitions are, accordingly, allowed and disposed of.
10. Pending applications are disposed of as infructuous.
(SURESH KUMAR KAIT)
JUDGE
MAY 17, 2021
r
