K Karuppan And ORS v. The State Of Delhi And Others
$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 704/2024 K KARUPPAN AND ORS ..... Petitioners Through:
Mr. A.K. Sheoran, Advocate alongwith petitioners in person.
versus THE STATE OF DELHI AND OTHERS ..... Respondents Through:
Mr. Yasir Rauf Ansari, ASC (Crl.) with Mr. Alok Sharma & Mr. Vasu Agarwal, Advocates.
SI Jitender Singh & ASI Virender, P.S. Inderpuri.
Respondents no. 2 to 5 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 29.02.2024 CRL.M.A. 6582/2024 (Exemption) 1.
Exemption allowed, subject to just exceptions. 2.
The application is accordingly disposed of.
W.P.(CRL) 704/2024 3.
The present petition under Article 226/227 of the Constitution of India read with Section 482 of the Cr.P.C. seeks quashing of FIR No. 28/2024, under Sections 323/308/34 of the IPC, registered at P.S. Inder Puri. 4.
Learned counsel for the petitioners submits that the latter and respondents no. 2 to 5 are relatives and are neighbours. On account of a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
dispute between the families, the present FIR was registered at the instance of respondent no. 2. It is further submitted that during the pendency of the aforesaid proceedings with the intervention of common friends and relatives, the parties have settled their dispute vide settlement deed/MOU dated 16.02.2024. In pursuance of the said settlement, respondents no. 2 to 5 have no objection, if the present FIR is quashed.
5.
Petitioners and respondents no. 2 to 5 are present before the Court and have been duly identified by the Investigating Officer, SI Jitender Singh, P.S. Inderpuri.
6.
Respondents no. 2 to 5 state that the matter has been settled with the petitioners and they have no objection if the FIR is quashed. 7.
Learned Additional Standing Counsel for the State submits that investigation in the present FIR is pending and chargesheet is yet to be filed. In view of the settlement between the parties, learned ASC for the State also has no objection if the present FIR is quashed, subject to cost. 8.
In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon‟ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
9.
In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
continuing with the present FIR No. 28/2024, under Sections 323/308/34 of the IPC, registered at P.S. Inder Puri.
10.
In the interest of justice, the petition is allowed, and the FIR No. 28/2024, under Sections 323/308/34 of the IPC, registered at P.S. Inder Puri, is hereby quashed, subject to cost of Rs. 25,000/- to be deposited by the petitioners with Delhi High Court Bar Association Employees Welfare Fund within 07 working days from today.
11.
Petition is allowed and disposed of accordingly. 12.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J FEBRUARY 29, 2024/bsr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.