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High Court of DelhiCRL.M.C./416/2024

Matloob & ORS. v. State Of NCT Of Delhi & ANR.

2024-01-18Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 416/2024 MATLOOB & ORS.

..... Petitioners Through:

Mr. Manoj Kumar Sharma, Adv.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Satish Kumar, APP for State with SI Dilip Kumar Gautam, P.S. Shastri Park

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 18.01.2024 CRL.M.A. 1620/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 416/2024 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners seeking quashing of FIR bearing no. 312/2019, registered at Police Station Shastri Park, Delhi for offences punishable under Sections 308/323/341/506/34 of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom. 2.

Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.

3.

All the petitioners are present before this Court and have been identified by their counsel Mr. Manoj Kumar Sharma and Investigating The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Officer (IO) SI Dilip Kumar Gautam from Police Station Shastri Park, Delhi 4.

The brief facts of the case are that on 25.06.2019 on the complaint of Respondent No.2 FIR No.312/2019 was registered. On the investigation of the IO investigation challan is filed by the IO on 11.01.2022. On a minor issue, scuffle took place among the petitioners and respondent no.2 and respondent no.2 received minor injuries.

5.

On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that he has entered into compromise out of his 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 Settlement Deed dated 12.01.2024 entered into between them.

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. 312/2019, registered at Police Station Shastri Park, Delhi for offences punishable under Sections 308/323/341/506/34 of IPC and all consequential proceedings emanating therefrom are quashed.

8.

The petition stands disposed of.

9.

The order be uploaded on the website forthwith. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

SWARANA KANTA SHARMA, J JANUARY 18, 2024/NS 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.