Umang Tyagi & ANR. v. State NCT Of Delhi & ANR.

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1249/2024 UMANG TYAGI & ANR.

..... Petitioners Through:

Mr. Roshan Lal Saini, Advocate (through VC).

Petitioners no. 1 and 2 in person.

versus STATE NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State with SI Dilsukh, P.S. KN Katju Marg.

Respondent no. 2 in person (through VC).

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 15.02.2024 1.

The present petition filed under Section 482 of the Cr.P.C. seeks quashing of FIR No. 521/2015, under Sections 323/342/354/427/509/34 of the IPC, registered at P.S. K.N. Katju Marg and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Preeti, learned Metropolitan Magistrate, Mahila Court-01, North, Rohini Court Complex, Delhi.

2.

Learned counsel appearing on behalf of the petitioners submits that petitioner no. 2 and respondent no. 2 were friends and are living together at a rented PG accommodation at the relevant point of time. It is submitted that petitioner no. 1 is the brother of petitioner no. 2 and on account of some misunderstanding between them, the present FIR was registered at the instance of respondent no. 2. It is further submitted that during the pendency The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of the aforesaid proceedings, the matter has been settled between the petitioners and respondent no. 2 vide settlement agreement dated 26.10.2023 (Annexure P-3) . Pursuant to which, respondent no. 2 has no objection, if any present FIR and the subsequent chargesheet are quashed. 3.

Petitioners are present in Court and complainant/respondent no. 2 appears through video conferencing and all of them have been duly identified by the Investigating Officer, SI Dilsukh, P.S. KN Katju Marg. 4.

The complainant/respondent no.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. 5.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 6.

In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

7.

In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 521/2015, under Sections Sections 323/342/354/427/509/34 of the IPC, registered at P.S. K.N. Katju Marg and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Preeti, learned Metropolitan The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Magistrate, Mahila Court-01, North, Rohini Court Complex, Delhi. 8.

In the interest of justice, the petition is allowed, and the FIR No. 521/2015, under SectionsSections 323/342/354/427/509/34 of the IPC, registered at P.S. K.N. Katju Marg and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Preeti, learned Metropolitan Magistrate, Mahila Court-01, North, Rohini Court Complex, Delhi, is hereby quashed.

9.

Petition is allowed and disposed of accordingly. 10.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J FEBRUARY 15, 2024/bsr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.