Shudhanshu Shekhar & ANR. v. State, Government Of NCT Of Delhi & ANR.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1114/2024 & CRL.MA 12817/2024 SHUDHANSHU SHEKHAR & ANR.

..... Petitioners Through:

Mr. Akhil Anand and Mr. Naman Sharma, Advs. for R2 versus STATE, GOVERNMENT OF NCT OF DELHI & ANR.

..... Respondent Through:

Mr. Raj Kumar, APP for State with ASI Kamal Singh, ASI Banai Singh and SI Sandeep PS Dabri

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 29.04.2024 1.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.772/2019 under Sections 323/354A/509/506/34 IPC registered at Police Station Dabri, Dwarka and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

2.

The notice in the matter was issued on 12.02.2024. 3.

The petitioners, as well as, respondent no. 2 / complainant are present in Court and they have been identified by their respective counsel and by the Investigating Officer ASI Kamal Singh, ASI Banai Singh and SI Sandeep PS Dabri.

4.

The brief facts of the case are that an altercation took place between the petitioner's family members and the family members of the respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

no. 2 on a dispute with regard to the rights over the common passage. This led to the registration of FIR at the instance of respondent no. 2. The incident also led to the registration of cross FIR No. 771/2019. 5.

During the pendency of the proceedings, the parties were referred to Mediation Centre, Dwarka Courts, New Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 19.01.2023, which is annexed as Annexure P5 to the present petition. 6.

It is recorded in the settlement that the parties have arrived at a settlement and they shall cooperate with each other for quashing of both the FIRs.

7.

The respondent no.2 / complainant, who is present in Court, on a query put by the Court, states that she has no objection in case the FIR is quashed.

8.

At this stage, apt would it be to refer to the observations of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor."

9.

In view of the settlement between the parties, the ultimate chances of conviction in the case are bleak, therefore, continuation of criminal proceedings will not serve any useful purpose and it will be an exercise in futility.

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

10.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 11.

Consequently, the petition is allowed and the FIR No.772/2019 under Sections 323/354A/509/506/34 IPC registered at Police Station Dabri, Dwarka along with all other consequential proceedings emanating therefrom, is quashed.

12.

The petition stands disposed of in the above terms. 13.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J APRIL 29, 2024 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.