Sonpal @ Mannu v. State NCT of Delhi & Anr

O R D E R %

06.11.2024

¶1The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter as the "BNSS") has been filed by the petitioner praying for quashing of FIR bearing No. 585/2016 registered at Police Station K.M. Pur, South District, New Delhi for offences punishable under Sections 354D/506 of the Indian Penal Code, 1860 (hereinafter as the "IPC").

¶2The petitioner is present before this Court and has been identified by his counsel Mr. Pawan Gupta (Enrl. No. D/3239/2012). The respondent No.2/complainant appeared before this Court through Video Conferencing and has been identified by her counsel, Mr. Lokesh Rathi, Advocate (Enrl. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. No. D/9909/2023).

¶3On the query made by this Court, respondent no.2/complainant has categorically stated that she has entered into compromise on her own free will and without any pressure. It is also stated by respondent No. 2 that the entire dispute has been amicably settled between the parties.

¶4The brief facts of the case are that the petitioner had been harassing the respondent no. 2 by constantly calling and messaging her, thereby expressing his love towards her. However, the respondent no. 2 has time and again refused to accept his request and consistently expressed that she has no such intentions towards him. Accordingly, the aforesaid FIR was registered against the petitioner.

¶5With the intervention of family members and relatives, both the parties entered into settlement on 11th September, 2024. The terms and conditions of the said settlement are mentioned in the Memo of Understanding/Settlement ("MoU" hereinafter) which is annexed as Annexure-C to the instant petition.

¶6It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise as per the Judgment of the Hon"ble Supreme Court passed in Gian Singh vs. State of Punjab, (2012) 10 SCC 303. At this juncture, the petitioner appearing in-person also undertakes to not repeat the same conduct in the future.

¶7Per contra, Mr. Yudhvir Singh Chauhan, learned APP for the State submitted that in case this Court is inclined to allow the instant petition and to quash the FIR in question in view of the settlement arrived at between the parties, cost may be imposed upon the petitioner as the FIR was registered in the year 2016 and a period of more than 8 years of judicial time is wasted. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶8Heard learned counsel for the parties and perused the record.

¶9Keeping in view the fact that parties have settled the matter, undertaking given by the petitioner as well as the law laid down by the Hon"ble Supreme Court, no useful purpose would be served by keeping the matter pending. Hence, FIR bearing No. 585/2016 registered at Police Station K. M. Pur, Delhi for offences punishable under Sections 354D/506 of the IPC and consequent proceedings emanating therefrom are quashed.

¶10Accordingly, the instant petition stands disposed of. Pending applications, if any, stands dismissed.

CHANDRA DHARI SINGH, J NOVEMBER 6, 2024 rk/mk

Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8679/2024 & Crl.M.A. 33171/2024 SONPAL @ MANNU .....Petitioner Through: Mr. Pawan Gupta and Mr. Vipn Tiwari, Advocates along with petitioner in person. versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Yudhvir Singh Chauhan, APP for the State. Mr. Lokesh Rathi and Ms. Karishma, Advocates for R-2. Respondent no. 2 appeared through VC. CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH