Sh Harjot Singh Bajwa v. State & ANR.
$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 605/2024 SH HARJOT SINGH BAJWA ..... Petitioner Through:
Mr.Anuj Arora and Mr.Dayanand, Advs.
versus STATE & ANR.
..... Respondents Through:
Mr. Shoaib Haider, APP with SI Jasbir Malik Ms.Seema Singh Ahlawat, Mr.Dayanand Sharma and Mr.Jagdish Singh, Advs. for R2 along with R-2 in person
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 25.01.2024 CRL.M.A. 2485/2024 & CRL.M.A. 2486/2024 (exemptions) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 605/2024 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. 0113/2017 registered at Police Station: Kapashera, SouthWest, Delhi under Sections 279/337 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom. 3.
Issue notice.
4.
Notice is accepted by Mr. Shoaib Haider, learned APP for the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
State.
5.
In the meantime, the parties, that is, the petitioner and the respondent no.2 have settled their inter se disputes before Mediation Centre, Dwarka Courts, Delhi vide Mediation Settlement dated 20.12.2023.
6.
The learned counsel for the petitioner has also handed over a demand draft of a sum of Rs.1,00,000/- to the respondent no.2, who is present in person in Court and has been duly identified by the learned counsel for the petitioner and Investigating Officer (IO). He affirms the settlement and states that he has no objection to the FIR and consequential proceedings being quashed by this Court. 7.
In view of the above, and considering the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR and it would 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. and (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.
8.
Accordingly, the petition is allowed. FIR No. 0113/2017 registered at Police Station: Kapashera, South-West, Delhi under Sections 279/337 of the IPC and all consequential proceedings The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
emanating therefrom qua the petitioner are quashed. 9.
The petition is disposed of in the above terms. NAVIN CHAWLA, J JANUARY 25, 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.