Allowed

Mr. Sameer Wadhwa & Ors. v. Govt. of National Capital Territory of Delhi & Anr.

Delhi HC13 Aug 2024CRL.M.C./6247/2024

Case brief

AI extract

What is this about?

The High Court of Delhi quashed an FIR under sections 325/34 IPC registered on 25.04.2024, dismissing a petition under section 482 CrPC. Relying on settled precedents, the court noted the amicable settlement via MoU between the parties and the State's lack of objection, finding that continuing proceedings would be futile.

What did the court decide?

FIR No. 211/2024 and all proceedings arising therefrom quashed and closed; application disposed of.

Mr. Sameer Wadhwa & Ors. Vs Govt. of National… — Criminal Trial and Appeal | Delhi HC (2024)

¶1

$~57

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6247/2024 & CRL.M.A. 23900/2024

¶3

MR. SAMEER WADHWA & ORS. .....Petitioners

¶4

Through: Mr. Gaurav Chauhan, Advocates with petitioners Nos. 1 and 2 in court and petitioner No.3 via videoconferencing.

¶5

versus

¶6

GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI & ANR. .....Respondents Through: Mr. Utkarsh, APP for the State with SI Vineesha and ASI Narender, P.S.: Sarojini Nagar. Mr. Madhav Gaur, Advocate for R2 with R2 in court.

¶7

CORAM:

¶8

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 13.08.2024

¶9

CRL.M.A. 23901/2024 & CRL.M.A. 23902/2024

¶10

Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. Applications stand disposed-of.

¶11

CRL. M.C. 6247/2024

¶12

By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973 (‘Cr.P.C.’), the petitioners seek quashing of case FIR No. 211/2024 dated 25.04.2024 registered under sections 325/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Sarojini Nagar, Delhi (‘subject FIR’).

¶13

CRL.M.C. 6247/2024

¶14

Page 1 of 3

¶15

This is a digitally signed order. CRL.M.C. 6247/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2024 at 12:16:49

¶16

Though the present petition has been filed under the provisions of the Cr.P.C., in the opinion of this court, on a plain reading of section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’), proceedings are to be “ disposed of, continued, held or made ” in accordance with the Cr.P.C. only in cases where such proceedings , viz. “ any appeal, application, trial, inquiry or investigation ”, were already pending immediately before the date on which the BNSS came into force, i.e. 01.07.2024. It appears therefore, that while inserting the repeal and savings provision in section 531 of the BNSS, the intention of Parliament was to not disrupt on-going proceedings by changing the governing law during the pendency of such proceedings.

¶17

Since the present petition has been filed after 01.07.2024 , in the opinion of this court, the present petition ought to have been filed under the BNSS. Be that as it may, in order to obviate any unnecessary delay, the present petition is treated as one under section 528 of the BNSS.

¶18

The petition is premised on Memorandum of Understanding dated 27.07.2024 (‘MoU’), whereby the petitioners and respondent No. 2 have resolved the matter amicably.

¶19

The petition is also supported by affidavits of the petitioners and of respondent No. 2, alongwith proofs of their I.D.s.

¶20

Petitioners Nos. 1 and 2 and respondent No.2 are present in court and petitioner No. 3 has joined via video-conferencing. They have been identified by the Investigating Officer as well as by their respective counsel.

¶21

The court has interacted with the petitioners, as also with respondent No.2, who have confirmed that they have now resolved the matter and

¶22

CRL.M.C. 6247/2024

¶23

Page 2 of 3

¶24

This is a digitally signed order.

¶25

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2024 at 12:16:49

¶26

the MoU has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

¶27

Mr. Utkarsh, learned APP confirms that the State has no objection to the subject FIR being quashed.

¶28

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

¶29

Accordingly, FIR No. 211/2024 dated 25.04.2024 registered under sections 325/34 IPC at P.S.: Sarojini Nagar, Delhi is quashed. All proceedings arising therefrom also stand closed.

¶30

Petition stands disposed-of.

¶31

Pending applications, if any, also stand disposed-of.

¶32

ANUP JAIRAM BHAMBHANI, J

¶33

AUGUST 13, 2024 ds

¶34

CRL.M.C. 6247/2024

¶35

Page 3 of 3

¶36

This is a digitally signed order. CRL.M.C. 6247/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2024 at 12:16:49

Mr. Sameer Wadhwa & Ors. v. Govt. of National Capital Territory of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Mr. Sameer Wadhwa & Ors. v. Govt. of National Capital Territory of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ranbir Singh Vs State NCT of Delhi

J.M.Housing Ltd. & Ors. Vs State of NCT of Delhi and Anr.

Mohd Chand Vs State (Govt of NCT Delhi) through S.H.O Subhash Place

Avadh Raj Singh @ Satyam Vs State of NCT Delhi

Sandeep Kashyap Vs the State

Farman @ Mannu Vs the State (Govt, NCT of Delhi)