Om Prakash Pal v. State NCT Of Delhi And ANR.
$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1089/2024 OM PRAKASH PAL ..... Petitioner Through:
Mr.Nitesh Kumar, Adv.
versus STATE NCT OF DELHI AND ANR.
..... Respondents Through:
Mr.S.S.Bawa, APP with SI Divya.
Mr.Vikash Kumar, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 09.02.2024 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.15/2015 registered at Police Station: Sonia Vihar, North-East Delhi, under Sections 354/354A/506 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement.
2.
The petitioner and the respondent no.2 are next door neighbours. 3.
The learned counsel for the petitioner submits that the petitioner and the respondent no.2 have amicably settled their disputes and have entered into a settlement vide Memorandum of Understanding/Settlement dated 02.01.2024.
4.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 above and 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.15/2015 registered at Police Station: Sonia Vihar, North-East Delhi, under Sections 354/354A/506 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner shall deposit costs of Rs.35,000/- with the 'We, The People Abhiyan' [A/c no.60276446157, Bank of Maharashtra, Branch Indiranagar; MICR Code: 422014009; IFS Code: MAHB0001180]' within a period of eight weeks from today, and file proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
within the said period.
9.
The petition is disposed of in the above terms. NAVIN CHAWLA, J FEBRUARY 9, 2024 RN/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.