W.P.(CRL)/2790/2024 of BHANU KUMAR SHRIVASTAV & ANR. Vs THE STATE NCT OF DELHI AND ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(CRL) 2790/2024BHANU KUMAR SHRIVASTAV & ANR.

.....Petitioners

Through:Mr. Nishant Sharma, Adv.

versus

THE STATE NCT OF DELHI AND ANR

.....Respondents

Through:Ms. Nandita Rao, ASC for the Statewith SI Kishan Pal Singh PS NewAshok Nagarwith SI Kishan Pal Singh PS NewAshok Nagar

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R R%10.09.2024

CRL.M.A. 27310(Exemption)

1.Exemption allowed, subject to all jus exceptions.

2.The application stands disposed of.

W.P.(CRL) 2790/2024

3.The present Petition under Articles 226 of the Constitution of Indiaread with Section 528 of the BNSS, 2023 has been filed on behalf of thepetitioners seeking to quash the FIR No. 0308/2024 for the offence underSection 115(2)/118(1)1126(2)/3(5) BNS, 2023 registered at Police StationNew Ashok Nagar.

4.Issue notice.

5.Learned Additional Standing Counsel appearing on advance notice,accepts notice on behalf of the State.

6.Brief facts of the case are that the parties were co-employees and haveknown each other since they worked together. The parties entered into afight on account of some misunderstanding and hence the FIR gotregistered. Cross FIR was also registered, which has been quashed on04.09.2024.

7.It is stated that the petitioners and the respondent No. 2 have amicablysettled all the disputes and differences between them and arrived atSettlement Deed dated 03.08.2024 .In view of the Settlement Deed, thepresent Petition has been filed.

8.The parties are present before this Court in-person today, and havebeen identified by their counsel and Investigating Officer concerned. Theparties have endorsed the amicable settlement and accepted the termsthereof voluntarily.

9.Today, the respondent No. 2, who is present in the Court, states thathe has no objection if the FIR is quashed.

10.In view of the above facts that the parties have amicably resolvedtheir differences out of their own free will and without any coercion, nouseful purpose will be served in continuing with the proceedings, rather thesame would create further acrimony between them. Hence, it would be inthe interest of justice to quash the abovementioned FIR and the proceedingspursuant thereto.

11.Moreover, there is no legal impediment in quashing the FIR inquestion.

12.Accordingly, FIR No. 0308/2024 for the offence under Section I

15(2)/118(1)1126(2)/3(5) BNS, 2023 of the BNS, 2023 registered at PoliceStation New Ashok Nagar and all consequential proceedings emanatingtherefrom are quashed.

13.The Petition stands disposed of.

SEPTEMBER 10, 2024

NEENA BANSAL KRISHNA, J