Aditya Vikram Singh Sethi v. State NCT Of Delhi & ANR.
$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 553/2024 ADITYA VIKRAM SINGH SETHI & ORS.
..... Petitioners Through:
Mr.Parmesh Bali, Adv. along with petitioners in person.
versus STATE NCT OF DELHI & ANR.
..... Respondents Through:
Mr.Sanjeev Bhandari, ASC (Crl.) with Ms.Anvita Bhandari, Mr.Kunal Mittal, Mr.Arjit Sharma and Ms.Rishika, Advs.
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 16.02.2024 CRL.M.A. 5053/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
W.P.(CRL) 553/2024 2.
This petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No. 0018/2021 registered at Police Station: Karol Bagh, Central, Delhi under Sections 420/406/120B of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement.
3.
Issue notice.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Notice is accepted by Mr.Sanjeev Bhandari, learned Additional Standing Counsel for the respondent no.1.
5.
The learned counsel for the petitioners submits that the parties, that is, the petitioners and the respondent no.2 have amicably settled their inter se disputes and have entered into a settlement vide Memorandum of Understanding dated 27.05.2023. 6.
The respondent no.2, who is present in Court and has been duly identified by the learned counsel for the petitioners, affirms the settlement and states that he has settled all the disputes with the petitioners of his own free will and without any coercion. The respondent no.2 submits that he has no objection if the present FIR is quashed.
7.
I have perused the contents of the FIR and also the settlement between the parties.
8.
Keeping in view the fact that the respondent no.2 does not wish to pursue his 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.
9.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.
10.
Accordingly, the petition is allowed. FIR No. 0018/2021 registered at Police Station: Karol Bagh, Delhi under Sections 420/406/120B of IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners shall deposit costs of Rs.15,000/- each 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. 11.
The costs so deposited shall be utilised by the Delhi State Legal Services Authority for Acid Attack Victims.
12.
The petition is disposed of in the above terms. NAVIN CHAWLA, J FEBRUARY 16, 2024/ns/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.