CRL.M.C./9047/2024 of SANDEEP KUMAR ALYAIS SANDY & ANR. Vs THE STATE (GOVT. OF NCT DELHI) & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 9047/2024

SANDEEP KUMAR ALYAIS SANDY & ANR. .....Petitioners

Through: Mr. Kamal Choudhary, Mr. Subiya Akbar Warsi, Advs. Akbar Warsi, Advs.

versus

THE STATE (GOVT. OF NCT DELHI) & ORS. .....Respondents

Through: Mr. Mukesh Kumar, APP for State.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R R% 20.11.2024

CRL.M.A. 34666/2024

1.Exemption is allowed subject to all just exceptions.

2.Application stands disposed of.

CRL.M.C. 9047/2024

3.The present petition has been filed under Section 528 BNSS seeking quashing of case FIR No. 436/2021 under Section 323/354/506/34 IPC registered at PS Kotla Mubarakpur and all other proceedings emanating therefrom. quashing of case FIR No. 436/2021 under Section 323/354/506/34 IPC registered at PS Kotla Mubarakpur and all other proceedings emanating therefrom.

4.Issue notice.

5.Learned APP for the State has accepted the notice.

6.Learned Counsel for the petitioner submits that this is case involving parties residing in the same vicinity. It has been submitted that on the day of the incident, man named Chand visited the complainant's parties residing in the same vicinity. It has been submitted that on the day of the incident, man named Chand visited the complainant's

house and engaged in conversation with her husband. During the interaction, Chand allegedly brought up the name of the petitioner and made statements related to ransom, which escalated the situation. Following this, an altercation occurred, leading to the registration of the FIR. However, during the pendency of the proceedings, it has been submitted that with the intervention of community members, the matter has been amicably resolved. Parties have now resolved to maintain peace and harmony in their neighbourhood.

The High Court is the highest court of the State and is conferred with the power of control and superintendence over all courts subordinate to it. Besides Articles 226 and 227, Section 482 CrPC also acknowledges the inherent power of the high court to secure the ends of justice. In cases where the offences are not compoundable in nature, the parties on account of an amicable settlement invoke the inherent power under Section 482 Cr.P.C. for quashing the proceedings on the plea that continuance thereof would

Respondent no. 2 and 3 are present in court and have accepted notice. The IO has duly identified them. They have submitted that they have resolved the disputes voluntarily and without any pressure, coercion, or undue influence and have no objection to the quashing of the present FIR and proceedings emanating therefrom.The affidavit of Respondents No. 2 and 3 affirming the above statements has also been placed on record.

Accordingly, the present petition is allowed. The FIR No. 436/2021 under Section 323/354/506/34 IPC registered at PS Kotla Mubarakpur and all consequential proceedings emanating therefrom against the

petitioner are quashed, subject to the condition that the petitioners shall deposit cost of Rs.10,000/-with the “Delhi High Court Staff Welfare Fund, UCO Bank, Delhi High Court, A/C 15530110074442, IFSC Code [REDACTED]”, within period of four weeks from today, and file proof of such deposit with the Registry of this Court, and also supply copy thereof to the IO, within the said period. 10.With the above directions, the present petition stands disposed of.

NOVEMBER 20, 2024/AR/SMG..

DINESH KUMAR SHARMA, J