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High Court of DelhiCRL.M.C./650/2024

Sunil Sunny Lal v. State (Govt. Of NCT Of Delhi) And ANR.

2024-01-29Hon'Ble Mr. Justice Navin Chawla3 pages

$~108 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 650/2024 SUNIL SUNNY LAL ..... Petitioner Through:

Mr.Niteen Kr.

Sinha, Mr.Nachikita Vijay Suri & Mr.Lohit Panchal, Advs.

versus STATE (GOVT. OF NCT OF DELHI) AND ANR.

..... Respondent Through:

Ms.Priyanka Dalal, APP.

W/SI Sushma, PS Uttam Nagar.

Ms.Pragya Parijat Singh & Ms.Harshita Goel, Advs. for R2.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 29.01.2024 1.

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.1022/2020 registered at Police Station: Uttam Nagar, Dwarka District, New Delhi, under Sections 295A/354/506/509/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement. 2.

The learned counsel for the petitioner submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement/Compromise dated 16.12.2023. 3.

Issue notice.

4.

Notice is accepted by Ms.Priyanka Dalal, learned APP on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

behalf of the State and Ms.Pragya Parijat, learnd counsel on behalf of respondent no.2 5.

The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that she has settled all the disputes with the petitioner 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. 6.

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

7.

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 would be an unnecessary burden on the State exchequer.

8.

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.

9.

Accordingly, the petition is allowed. Consequently, the FIR No. 1022/2020 registered at Police Station: Uttam Nagar, Dwarka District, New Delhi, under Sections 295A/354/506/509/34 of the IPC and all The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

consequential proceedings emanating therefrom against the petitioner are quashed.

10.

The petition is disposed of the above terms.

NAVIN CHAWLA, J JANUARY 29, 2024/rv/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.