Deepak Chopra & ANR. v. State Of NCT Of Delhi And ANR

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 586/2024 DEEPAK CHOPRA & ANR.

..... Petitioners Through:

Ms.Kirti Chauhan and Mr.Deepanshu Goswami, Advs.

along with petitioners in person.

versus STATE OF NCT OF DELHI AND ANR ..... Respondents Through:

Ms.Priyanka Dalal, APP alongwith SI Sadhna, PS Mangolpuri and SI Kanwaljeet, PS Special Branch Mr.Rohit Sehrawat and Mr.Sagar, Advs. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 24.01.2024 CRL.M.A. 2394/2024 1.

Allowed, subject to all just exceptions.

CRL.M.C. 586/2024 2.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.0145/2018 registered at Police Station: Mangolpuri, Outer District, Delhi, under Sections 354/506/509/34 of the Indian Penal Code, 1860 (in short, 'IPC') along with all other proceedings arising therefrom on the basis of a settlement.

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3.

Issue notice.

4.

Notice accepted by Ms. Priyanka Dalal, learned APP for the State and Mr.Rohit Sehrawat, learned counsel for the Respondent no.2.

5.

The learned counsel for the petitioners submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Memorandum of Understanding/Settlement Agreement dated 29.12.2023.

6.

The respondent no.2, who is also present in person in Court and has been duly identified by the Investigating Officer (IO), affirms that she has settled all the disputes with the petitioners of her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed.

7.

I have perused the contents of the FIR as also the MOU entered into between the parties.

8.

As the disputes between the parties have been amicably settled and looking into the nature of the allegations made in the complaint, in my opinion, no useful purpose would be served in keeping the FIR alive. In fact, it would lead to further wastage of time not only of the prosecution but also of the Courts and will be an unnecessary burden on the State exchequer.

9.

Keeping in mind the facts of the present case and being 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 Bimsinh Karmur & Ors. v. State of Gujarat & Ors. and (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.

10.

Accordingly, the petition is allowed. Consequently, the FIR No.0145/2018 registered at Police Station: Mangolpuri, Outer District, Delhi, under Sections 354/506/509/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that each of the petitioners deposits costs of Rs.10,000/- with Delhi State Legal Services Authority within a period of two weeks from today. The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing counselling/psychological support to the POCSO Victims requiring such assistance.

11.

The petitioners shall file, with the Registry of this Court, proof of such deposit of the above costs and also supply a copy thereof to the concerned IO within the said period.

12.

The petition is allowed in the above terms.

NAVIN CHAWLA, J JANUARY 24, 2024/ns/ss 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.