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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.

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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.

2021:DHC:1612

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

2021:DHC:1612

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.

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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

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2021:DHC:1612