Maujiram & ANR. v. The State (Govt. Of NCT Of Delhi) & ANR.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 181/2024 MAUJIRAM ..... Petitioner Through:

Ms.Santosh Dixit, Adv. with petitioner present in person.

versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Through:

Mr.Amit Peswani, Adv. for Ms.Nandita Rao, ASC (Crl.) with SI Abhishek, PS Harsh Vihar.

Ms.Lalita, Adv. for R-2 with R2 present in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 05.02.2024 1.

This petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No. 124/2018 registered at Police Station: Harsh Vihar, North-East District, Delhi, under Sections 420/468/471/448/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement.

2.

The learned counsels for the parties submit that the co-accusedKamlesh Rani has been declared as a Proclaimed Offender. 3.

The learned counsel for the petitioner submits that as far as the petitioner is concerned, the disputes between him and the respondent no.2 have been resolved and the respondent no.2 does not wish to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

continue with the further proceedings in the FIR. 4.

The respondent no.2, who is personally present in the Court and has been duly identified by the IO, submits that he does not wish the FIR to continue against the petitioner herein as he has amicably settled all his disputes with the petitioner vide Memorandum of Understanding / Settlement dated 08.07.2023. He reaffirms the settlement between the parties and states that he has no objection to the FIR and consequential proceedings being quashed by this Court qua the petitioner.

5.

I have perused the contents of the FIR and also the settlement between the parties.

6.

Keeping in view the fact that the respondent no.2 does not wish to pursue his complaint any further, as also the Settlement arrived at between the petitioner and the respondent no.2, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR against the petitioner as the chances of its success will be rather minuscule and it will be an unnecessary burden on the State exchequer. Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom against the petitioner. 7.

Accordingly, the petition is allowed. FIR No. 124/2018 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registered at Police Station: Harsh Vihar, North-East District, Delhi, under Sections 420/468/471/448/34 of IPC, and all consequential proceedings emanating therefrom against the petitioner are quashed. 8.

The petition is disposed of in the above terms. NAVIN CHAWLA, J FEBRUARY 5, 2024/rv/AS 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.