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W.P.(CRL) 3532/2019 1
HIGH COURT OF DELHI
Date of Decision: December 19, 2019
HIGH COURT OF 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
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
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
2019:DHC:7142
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
2019:DHC:7142
W.P.(CRL) 3532/2019 2
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 2019:DHC:7142
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 2019:DHC:7142