Ashok Kumar And ANR v. State NCT Of Delhi And ORS.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1782/2024 ASHOK KUMAR AND ANR.

..... Petitioners Through:

Ms. Sarla Tanwar, Mr. D.K. Pandey and Mohd. Sarik, Advocates versus STATE NCT OF DELHI AND ORS.

..... Respondents Through:

Mr. Satish Kumar, APP for the State with HC Renuka, (IO) with SI Bharti, P.S. Dwarka North.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 16.04.2024 1.

The present petition under Section 482 of Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of the petitioners seeking quashing of FIR bearing no.0649/2021, registered at Police Station Dwarka North, Delhi for the offences punishable under Sections 354/354A/354B/509/34 of Indian Penal Code, 1860 and subsequent proceedings emanating therefrom.

2.

Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of State.

3.

All the petitioners are present before this Court and have been identified by their counsel Ms. Sarla Tanwar and Investigating Officer (IO) HC Renuka Police Station Dwarka North, Delhi. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Briefly stated, the facts of the case are that the petitioners and respondent no. 2 and 3 are neighbours and petitioners and their family are residing on the 1st floor of the Rosewood apartment Sector-l3, Dwarka, New Delhi and respondent no. 2 and 3 and their family member is residing at ground floor of the said apartment. It is stated that the respondent no.2 and 3 are the sisters and respondent no. 2 has registered the FIR bearing no. 0649/2021 at P.S. Dwarka North under Sections 354/354A/354B/509/34 of IPC and respondent no. 3 is one of the aggrieved person. It is stated that both the parties have amicably settled all their disputes before Mediation Centre, Dwarka Courts, New Delhi vide Settlement Deed dated 15.02.2024. 5.

On the query made by this Court, respondent no.2 and 3 who have been identified by the IO, have categorically stated that they have entered into compromise out of their own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 and 3 that the entire dispute has been amicably settled between the parties before Mediation Centre, Dwarka Courts, New Delhi vide Settlement Deed dated 15.02.2024. 6.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 7.

Accordingly, FIR bearing no.0649/2021, registered at Police Station Dwarka North, Delhi for the offences punishable under Sections 354/354A/354B/509/34 of IPC and all consequential proceedings emanating therefrom are quashed, subject to petitioners as well as complainant, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

depositing a sum of Rs.5,000/- each with Delhi High Court Bar Association Employees Welfare Fund within one week.

8.

The petition stands disposed of.

9.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J APRIL 16, 2024/zp 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.