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High Court of DelhiCRL.M.C./720/2024

Gagan Preet Singh & ANR. & ANR. v. State Gnct Of Delhi And ANR. & ANR.

2024-01-30Hon'Ble Mr. Justice Navin Chawla3 pages

$~77 & 82 * IN THE HIGH COURT OF DELHI AT NEW DELHI

(77) CRL.M.C. 698/2024 DEEPTI KAUR & ANR.

..... Petitioners Through:

Mr.Ravinder Kr.

Yadav, Mr.Kartikey and Mr.Paras Juneja, Advs.

versus THE STATE N.C.T. OF DELHI & ANR.

..... Respondents Through:

Mr. Shoaib Haider, APP with SI Chetan Mr.Mohan Singh, Mr.Amit Atul and Mr.J. Sharma, Advs.

for R-2.

(82)+ CRL.M.C. 720/2024 GAGAN PREET SINGH & ANR. & ANR. ..... Petitioners Through:

Mr.Mohan Singh, Mr.Amit Atul and Mr.J. Sharma, Advs.

versus STATE GNCT OF DELHI AND ANR. & ANR.

..... Respondents Through:

Mr. Shoaib Haider, APP with SI Chetan Mr.Ravinder Kr.

Yadav, Mr.Kartikey and Mr.Paras Juneja, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 30.01.2024 1.

These petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No. 0547/2017 registered at Police Station: Hari Nagar, Delhi under Sections 354(A)/323/341/509/34 of the Indian Penal Code, 1860 (in short, 'IPC') in CRL.M.C. 698/2024 and FIR No. 0546/2017 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: Hari Nagar, Delhi under Sections 354(A)/323/341/509/34 of the IPC in CRL.M.C. 720/2024, along with all other proceedings arising therefrom, on the basis of a settlement. 2.

The abovesaid FIRs were registered as a result of a fight arising amongst the neighbours.

3.

Pursuant to the investigation, the charge-sheet has been filed by the police.

4.

In the meantime, the parties have settled their inter se disputes and have executed Compromise/Settlement Deed dated 29.11.2023. 5.

The parties are present in person in Court, who have been duly identified by the learned counsel for the petitioners and the Investigating Officer (IO). They affirm the settlement and state that they have no objection to the FIRs and consequential proceedings being quashed by this Court.

6.

In view of the above, and considering the Settlement arrived at between the parties, I find that no useful purpose will be served in continuing with the proceedings of the present FIRs 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 FIRs and all the proceedings emanating therefrom.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

Accordingly, the petitions are allowed. FIR No. 0547/2017 registered at Police Station: Hari Nagar, Delhi under Sections 354(A)/323/341/509/34 of the IPC in CRL.M.C. 698/2024 and FIR No. 0546/2017 registered at Police Station: Hari Nagar, Delhi under Sections 354(A)/323/341/509/34 of the IPC in CRL.M.C. 720/2024 and all consequential proceedings emanating therefrom qua the petitioners are quashed, subject to the condition that the each of the petitioners in CRL.M.C 698/2024 as well as CRL M.C. 720/2024, shall deposit costs of Rs. 25,000/- in each of the petitions, that is, CRL.M.C. 698/2024 and CRL.M.C. 720/2024 with the Delhi State Legal Services Authority within a period of four 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.

8.

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

9.

The parties shall be bound by the terms of the settlement. 10.

The petitions are disposed of in the above terms. NAVIN CHAWLA, J JANUARY 30, 2024/ns/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.