Aman Chauhan v. State Of NCT Of Delhi And ANR

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 937/2024 AMAN CHAUHAN ..... Petitioner Through:

Mr.Gurpreet Singh, Adv. along with petitioner in person.

versus STATE OF NCT OF DELHI AND ANR ..... Respondents Through:

Mr.Satinder Singh Bawa, APP with SI Ankur Sharma Mr.Sandeep Singh and Mr.Amanjeet Singh, Advs. for R-2 along with R-2.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 06.02.2024 CRL.M.A. 3748/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 937/2024 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. 0274/2022 registered at Police Station: Amar Colony, SouthEast, Delhi under Sections 354/354D of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement.

3.

The learned counsel for the petitioner submits that the parties, that is, the petitioner and the respondent no. 2 have amicably settled their inter se disputes and have entered into a settlement vide Memorandum of Settlement dated 31.01.2024.

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

4.

The respondent no.2, who is present in Court (through VC) 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.

5.

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

6.

Keeping in view the fact that the respondent no.2 does not wish to pursue her complaint any further, as also 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 as the chances of its success will be rather minuscule and it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

7.

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.

8.

Accordingly, the petition is allowed. FIR No. 0274/2022 registered at Police Station: Amar Colony, South-East, Delhi under Sections 354/354D 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 against the petitioner are quashed, subject to the condition that the petitioner shall deposit costs of Rs.15,000/- with the Delhi State Legal Services Authority within a period of four weeks from today, and file proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, within the said period. 9.

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.

10.

The petition is disposed of in the above terms. NAVIN CHAWLA, J FEBRUARY 6, 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.