Raj Ranjan Sharma v. The State NCT Of Delhi & ANR.

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 827/2024 RAJ RANJAN SHARMA ..... Petitioner Through:

Mr.Vipin Tiwari, Ms.Pritee Jaiswal, Mr.Pervez, Mr.Ahzam, Advs.

versus THE STATE NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Shoaib Haider, APP with SI Satyapreet, HC Bhoor Singh.

Mr.Navanshu Mishra, Mr.Shahid B. Patel, Mr.Anshul Goyal, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 02.02.2024 CRL.M.A. 3330/2024 (Exemption) 1.

Allowed, subject to all just exception.

CRL.M.C. 827/2024 2.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'CrPC') seeking quashing of FIR No. 18/2015 registered at Police Station: Jaitpur, South-East District, New Delhi under Section 380 of the Indian Penal Code, 1860 (in short, 'IPC') along with all other proceedings arising therefrom. Later, supplementary charge-sheet was filed including the Section 174A of the IPC.

3.

Issue notice.

4.

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

and learned counsel Mr.Navanshu Mishra for the respondent no.2. 5.

The learned counsel for the petitioner submits that later the petitioner has been discharged as far as the offence under Section 380 of the IPC is concerned.

6.

The petitioner has filed the present petition seeking quashing of the FIR for the remaining offence under Section 174A of the IPC based on the settlement that has been arrived at between the parties, that is, the petitioner and the respondent no.2. 7.

Keeping in view the above position, as the petitioner has already been discharged for the offence under Section 380 of the IPC, no useful purpose would be served in continuing with the proceedings of the present FIR as it would rather create further acrimony between the parties and will be a misuse of the process of the Court and 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 CrPC to quash the FIR and all the proceedings emanating therefrom.

9.

Accordingly, the petition is allowed. FIR No.18/2015 registered at Police Station: Jaitpur, South-East District, New Delhi under Sections 380/174A of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The petition is disposed of in the above terms. NAVIN CHAWLA, J FEBRUARY 2, 2024/Arya/RP 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.