Rakesh Ahuja & ANR. v. State & ANR.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 68/2024 RAKESH AHUJA & ANR.

..... Petitioners Through:

Mr. Vipin Dilawari and Ms. Manju Bala, Advocates versus STATE & ANR.

..... Respondents Through:

Mr. Anand V. Khatri, ASC for the State with SI Arvind Kumar Saini, P.S. Geeta Colony.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 20.03.2024 1.

The instant petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioners seeking quashing of FIR bearing no. 0648/2023, registered at Police Station Geeta Colony, Delhi for the offences punishable under Sections 323/341/451/506/509/34 of the Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom. 2.

Issue notice. Mr. Anand V. Khatri, learned Standing Counsel accepts notice on behalf of the State.

3.

Petitioners are present before this Court and have been identified by their counsel Mr. Vipin Dilawari and Investigating Officer (IO) SI Arvind Kumar Saini from Police Station Geeta Colony, Delhi. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Brief facts of the present case are that petitioners and respondent no. 2 are known to each other and both are residing in the same area. It is stated that due to some misunderstanding, in the month of November, 2023, some disputes had arisen between the parties. On the complaint of respondent no. 2, the present FIR bearing no. 0648/2023 was registered at Police Station Geeta Colony, Delhi against the petitioners for offence punishable under Sections 323/341/451/506/509/34 of IPC. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes vide Memorandum of Understanding dated 21.11.2023. 5.

On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties vide Memorandum of Understanding dated 21.11.2023.

6.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 7.

Accordingly, FIR bearing no. 0648/2023, registered at Police Station Geeta Colony, Delhi for the offences punishable under Sections 323/341/451/506/509/34 of IPC and all consequential proceedings emanating therefrom are quashed.

8.

In view of above, the petition stands disposed of. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 20, 2024/zp 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.