Saqib Ahmad Khan And ORS v. State Govt Of Delhi And ANR

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 710/2022 SAQIB AHMAD KHAN AND ORS ..... Petitioners Through:

Mr.Chandan Malik, Adv. along with P-1 in person and P-2 to P6 (through VC) versus STATE GOVT OF DELHI AND ANR ..... Respondents Through:

Mr.Shoaib Haider, APP with SI Varun Mr.Shadman Ahmed Siddiqui and Ms.Nikita Jain, Advs. for R-2 along with R-2 in person (through VC)

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 23.01.2024 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') praying for quashing of FIR No. 138/2019 registered with Police Station: Hauz Qazi under Sections 354/354(A)/354(C)/506/34 of the Indian Penal Code, 1860 (in short, 'IPC') and all the proceedings emanating therefrom. 2.

The learned counsel for the petitioners submits that the parties have amicably resolved their inter se disputes and have entered into a settlement vide Memorandum of Understanding/Compromise Deed dated 17.11.2021.

3.

The respondent no.2, who is present in Court through video conferencing, and has been duly identified by the IO as also the learned counsel for the petitioners, reaffirms the abovementioned The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/06/2024 at 12:13:45

settlement and submits that she does not have any objection with the quashing of the subject FIR.

4.

In view of the above and considering the Settlement between the parties, I find that there is no use in continuing with the proceedings of the present FIR as it would rather create further acrimony between the parties and will be a misuse of the process of the Court and an unnecessary burden on the State exchequer. 5.

Keeping in mind the facts of the present case and being 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 Bimsinh Karmur & Ors. v. State of Gujarat & Ors. and (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.

6.

Accordingly, the petition is allowed. Consequently, the FIR No. 138/2019 registered with Police Station: Hauz Qazi under Sections 354/354(A)/354(C)/506/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. 7.

The petition is allowed in the above terms.

NAVIN CHAWLA, J JANUARY 23, 2024/ns 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. The Order is downloaded from the DHC Server on 13/06/2024 at 12:13:45