Satish Kumar v. State & ANR.

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1429/2024 SATISH KUMAR ..... Petitioner Through:

Mr.Nikhil Mehta, Adv. along with petitioner in person.

versus STATE & ANR.

..... Respondents Through:

Mr.Satinder Singh Bawa, APP with SI Lal Chand Mr.Varun Sharma, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 21.02.2024 CRL.M.A. 5656/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 1429/2024 2.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No. 0464/2016 registered at Police Station: Vasant Kunj South, Delhi under Sections 354D/506/509 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

3.

Issue notice.

4.

Notice is accepted by Mr.Satinder Singh Bawa, learned APP for the State and Mr.Varun Sharma, learned counsel for 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.

5.

The learned counsel for the petitioner submits that the parties, that are, the petitioner and the respondent no.2 have amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement dated 15.02.2024.

6.

The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that she has settled all the disputes with the petitioner out of her own free will and without any coercion. The respondent no.2 submits that she 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 her 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 it would 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 335, 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.

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

10.

Accordingly, the petition is allowed. FIR No. 0464/2016 registered at Police Station: Vasant Kunj South, Delhi under Sections 354D/506/509 of IPC and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner shall deposit costs of Rs.30,000/- with the Delhi State Legal Services Authority within a period of four 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 time period. 11.

The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing counselling/psychological support to the Acid Attack Victims requiring such assistance. NAVIN CHAWLA, J FEBRUARY 21, 2024/ns/am 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.