Mehfooz Khan v. The State Of Gnct Of Delhi & ANR.

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 664/2024 MEHFOOZ KHAN ..... Petitioner Through:

Mr. Mohd Asif, Adv.

versus THE STATE OF GNCT OF DELHI & ANR. ..... Respondents Through:

Mr.Amol Sinha, ASC (Crl.), Mr.Kshitiz Garg, Mr.Ashvini Kumar, Ms.Chavi Lazarus, Mr.Arjun Singh Kadian, Advs.

for R-1 with SI Prem Prakash, HC Krishan.

Mr.Akeel Ahmed, Adv for R-2.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 27.02.2024 CRL.M.A. 6205/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 664/2024 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.0167/2023 registered at Police Station: Sunlight Colony, SouthEast District, New Delhi, under Section 279 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

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

3.

The learned counsel for the petitioner submits that the parties have now amicably settled their inter se disputes and have entered into a settlement vide Settlement Deed dated 12.02.2024. 4.

The respondent no.2, who is personally present in Court and has been duly identified by the Investigating Officer (IO), reaffirms the settlement and states that he has settled all the disputes with the petitioner out 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.

5.

I have perused the contents of the FIR and also the settlement between the parties.

6.

Keeping in view the fact that the parties have amicably resolved all their disputes pursuant to the Settlement arrived at between them, 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. 7.

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.

8.

Accordingly, the petition is allowed. FIR No.0167/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registered at Police Station: Sunlight Colony, South-East District, New Delhi, under Section 279 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed. NAVIN CHAWLA, J FEBRUARY 27, 2024/Arya/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.