Ravinder Malik & Anr v. The State Govt. of NCT of Delhi and Anr

O R D E R %

18.11.2024

¶1This is a petition filed under Article 226 of the Constitution of India read with section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") seeking quashing of FIR No. 457/2024 dated 26.09.2024, under Sections 333/74/79/115(2)/3(5) of Bharatiya Nyaya Sanhita, 2023 ("BNS"), registered at PS – Vasant Kunj South and consequential proceedings emanating therefrom, if any.

¶2The facts are that a quarrel took place between the petitioner and respondent no. 2 and 3 regarding some renovation work which led to the registration of FIR No. 457/2024.

¶3It is stated that the disputes between the petitioner and respondent nos. 2 and 3 arose on account of some misunderstanding but have now been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. settled by way of a Memorandum of Settlement ("MoU)" dated 26.10.2024.

¶4The petitioners are present physically in court and have been identified by their counsel, Mr. Gajender Singh, Adv.

¶5The complainants i.e. respondent Nos .2 and 3 namely, Ms Saroj Malik and Gulshan are also present in Court and have been identified by the Investigating Officer (IO) SI Parmila, PS Vasant Kunj South.

¶6Mr Bhandari, learned ASC in the presence of the IO has confirmed from respondent No.2 and 3 that they have no objection if their name is reflected in the order sheet for the purpose of identification. Hence the name of respondent nos. 2 and 3 is reflected.

¶7Both the parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion. It is stated by respondent Nos.2 and 3 that they have no objection if the FIR is quashed.

¶8Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. This should not be treated as a legal precedent and in this case the proceedings are quashed as the respondent has decided to put a quietus to the matter. The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings.

¶9For the reasons stated above, FIR No. 457/2024 dated 26.09.2024, under Sections 333/74/79/115(2)/3(5) of Bharatiya Nyaya Sanhita, 2023 ("BNS"), registered at PS – Vasant Kunj South and consequential proceedings emanating therefrom, if any are quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶10The petition is disposed of accordingly.

JASMEET SINGH, J NOVEMBER 18, 2024/sr

Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3592/2024 RAVINDER MALIK & ANR. .....Petitioners Through: Mr Gajender Singh, Adv. versus THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr Sanjeev Bhandari, ASC for State with Ms Charu Sharma, Mr Arjit Sharma, Mr Vaibhav Vats and Mr Nikunj Bindal, Advs. SI Parmila, PS-V.K. South Ms Anita Kumari, Adv. for R-2 & R-3. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH