Abhishek Kumar v. State & ORS.
$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1430/2024 ABHISHEK KUMAR ..... Petitioner Through:
Ms.Jyoti Gupta & Mr.Abhishek Sharma, Advs. with petitioner in person.
versus STATE & ORS.
..... Respondents Through:
Mr.Shoaib Haider, APP.
ASI Sunil Kumar, PS Hauz Khas.
Respondent nos.2 & 3 present in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 22.02.2024 CRL.M.A. 5665/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 1430/2024 1.
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. 0206/2022 registered at Police Station: Hauz Khas, South, Delhi under Sections 279/337 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.
2.
Issue notice.
3.
Notice is accepted by Mr.Shoaib Haider, learned APP for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
respondent no.1.
4.
The learned counsel for the petitioner submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Compromise Deed dated 12.01.2024. In terms of the settlement the petitioner has paid a sum of Rs.25,000/- and Rs.20,000/- to respondent nos.2 and 3 respectively, in cash. 5.
The respondent nos.2 and 3 are present in person in Court and have been duly identified by the Investigating Officer (IO), and they affirm the settlement and state that they have settled all the disputes with the petitioner out of their own free will and without any coercion. The respondent nos.2 and 3 submit that they have no objection if the present FIR is quashed.
6.
I have perused the contents of the FIR and also the settlement between the parties.
7.
Keeping in view the fact that the respondent nos.2 and 3 do not wish to pursue their 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.
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 335, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.0206/2022 registered at Police Station: Hauz Khas, South, Delhi under Sections 279/337 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.25,000/- 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 counselling/psychological support to the POCSO Victims requiring such assistance.
11.
Dasti.
NAVIN CHAWLA, J FEBRUARY 22, 2024/rv/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.