Radha Krishan Gaur v. State

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1138/2024 & CRL. M.As. 4493-94/2024 RADHA KRISHAN GAUR ..... Petitioner Through:

Mr.Shashank Khurana, Adv.

(VC) versus STATE ..... Respondent Through:

Mr. Shoaib Haider, APP with SI Savita.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 13.02.2024 1.

The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR no.591/2020 registered with Police Station: Janakpuri, Delhi under Sections 420/34 of the Indian Penal Code, 1860 (in short, 'IPC'), on the basis of a settlement. 2.

The learned counsel for the petitioner submits that the dispute between the parties has been settled and the Memorandum of Settlement dated 25.08.2023 has been executed between the parties before the Mediation Center, Dwarka Courts, New Delhi. Another settlement dated 02.01.2023 has been executed between the petitioner and the complainant Ram Prakash Gupta, resolving all their inter se disputes. He submits that in view of the said settlement, the petitioner has executed a Sale Deed dated 01.03.2023.

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

3.

Issue notice.

4.

Notice is accepted by the learned APP for the State. 5.

The learned counsel for the petitioner has also drawn my attention to the Order dated 05.02.2024 of this Court passed in CRL.M.C.366/2022, titled Sonali Gaur v. State & Ors., wherein the present FIR, as against the daughter of the petitioner herein was quashed based on the abovementioned settlement and after recording the statement of all the complainants reaffirming the abovementioned settlement.

6.

I have perused the contents of the FIR, the settlement between the parties, and also the Order dated 05.02.2024 referred hereinabove. 7.

In view of 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. 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 Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

9.

Accordingly, the petition is allowed. FIR no.591/2020 registered with Police Station: Janakpuri, Delhi under Sections 420/34 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 Delhi State Legal Services Authority within a period of two 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.

10.

The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing support to the Acid Attack Victims requiring such assistance.

11.

All pending applications are also disposed of being infructuous. NAVIN CHAWLA, J FEBRUARY 13, 2024/Arya/AS 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.