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High Court of DelhiCRL.M.C./709/2024

Nasir Ali & ORS. v. State & ANR.

2024-01-30Hon'Ble Mr. Justice Navin Chawla2 pages

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 709/2024 NASIR ALI & ORS.

..... Petitioners Through:

Mr.Shailender Negi, Mr.Pankaj Kr. Verma, Mr.Sandeep Kumar, Advs. with P-1 and P-3 in person and P-2, 4 to 7 (VC) versus STATE & ANR.

..... Respondents Through:

Mr.Shoaib Haider, APP with SI Wazir Singh.

Mr.Pardeep Kumaar, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 30.01.2024 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. 0175/2022 registered at Police Station: Narela Industrial Area, Delhi under Sections 498A/406 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

2.

The learned counsel for the petitioners submits that the parties, that is, the petitioner no. 1 and the respondent no. 2 have amicably settled all their disputes before the Delhi Mediation Centre, Rohini District Courts, Delhi vide Settlement/Agreement dated 20.12.2022 and also executed Memorandums of Understanding-CumCompromise Deed dated 09.10.2023 and 23.12.2023. 3.

The learned counsel for the petitioners has handed over a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:23:01

demand draft of Rs.25,000/- to the respondent no.2, who is present in person and has been duly identified by the Investigating Officer (IO). The respondent no.2 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.

4.

In view of the above and considering the Settlement arrived at between the parties, I find that no useful purpose would be served in continuing with the proceedings of the present FIR as it would rather be an unnecessary burden on the State exchequer. Guided by the principles enunciated by the Supreme Court in its judgments in Kapil Gupta v. State (NCT of Delhi), 2022 SCC OnLine SC 1030, 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. 5.

Accordingly, the petition is allowed. Consequently, the FIR No. 0175/2022 registered at Police Station: Narela Industrial Area, Delhi under Sections 498A/406 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. 6.

The petition is disposed of in the above terms. NAVIN CHAWLA, J JANUARY 30, 2024/Arya/am 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. The Order is downloaded from the DHC Server on 02/07/2025 at 10:23:01