Pardeep v. The Govt. Of NCT Of Delhi & ANR.
$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 652/2024 PARDEEP ..... Petitioner Through:
Mr.Sanjeev Chhikara, Adv.
versus THE GOVT. OF NCT OF DELHI & ANR.
..... Respondents Through:
Mr.Amol Sinha, ASC with Mr.Ashvini Kumar & Mr.Kshitiz Garg, Advs. for R-1.
Respondent no.2 present in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 26.02.2024 CRL.M.A. 6040/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
W.P.(CRL) 652/2024 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.0631/2023 registered at Police Station: Aman Vihar, RohiniDistrict, Delhi under Sections 457/448/511 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.Amol Sinha, learned ASC on behalf 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 29/02/2024 at 11:26:11
of the State and respondent no.2.
5.
The learned counsel for the petitioners submits that the subject FIR was filed due to some misunderstanding between the parties, that is, the petitioner and the respondent no.2, and the parties have now amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement dated 21.02.2024. 6.
The respondent no.2, who is present in person in Court and has been duly identified by the Investigating Officer (IO), re-affirms the settlement and states that she has settled all the inter se disputes with the petitioner out of her own free will and without any coercion. The respondent no.2 submits that she does not wish to pursue the proceedings emanating from the FIR any further and 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 the chances of its success would be rather minuscule and 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 & 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 29/02/2024 at 11:26:12
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.
10.
Accordingly, the petition is allowed. FIR No.0631/2023 registered at Police Station: Aman Vihar, Rohini-District, Delhi under Sections 457/448/511 of IPC, and all consequential proceedings emanating therefrom against the petitioner are quashed. NAVIN CHAWLA, J FEBRUARY 26, 2024/rv/ss 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 29/02/2024 at 11:26:12