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High Court of DelhiCRL.M.C./2086/2023

Mannu @ Manu Kumar Singh And ANR v. The State Govt Of NCT Of Delhi And ANR

2025-02-04Hon'Ble Mr. Justice Amit Sharma3 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2086/2023&CRL.M.A. 7915/2023, CRL.M.A. 3579/2025 MANNU @ MANU KUMAR SINGH AND ANR .....Petitioners Through:

Mr. A.K. Mishra & Mr. Manoj Kumar, Advs. with petitioners in person.

versus THE STATE GOVT OF NCT OF DELHI AND ANR .....Respondents Through:

Ms. Shubhi Gupta, APP for the State.

PSI Priyanka & ASI Pawan Kumar, P.S. Bharat Nagar.

Mr.

Arpit Mishra, Mr.

Anik Srivastava & Mr.

Sudhanshu Dwivedi, Adv. for R-2 alongwith R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 04.02.2025 1.

The present petition under Section 482 Cr.P.C. has been filed seeking quashing of FIR No. 323/2016, under Sections 325/451/34 of the IPC, registered at P.S. Bharat Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending in the Court of Mr. Deepak Vats, learned ACJM, (North-West), Rohini, Delhi. 2.

Learned counsel for the petitioners has submitted that the latter and respondent No. 2 are neighbours and there was some dispute regarding construction of jhuggi resulting in registration of the aforesaid FIR at the instance of respondent No. 2. After completion of investigation, chargesheet was filed before the Court of competent jurisdiction. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

During the pendency of the present petition, the petitioners have settled their dispute with respondent No.2 vide a Settlement/MOU dated 30.01.2025 in pursuance of which respondent no.2 has no objection if the present FIR along with all other proceedings emanating therefrom including the chargesheet are being quashed.

4.

Petitioners and complainant/respondent No. 2 are present before the Court and have been duly identified by their respective counsels, as well as the Investigating Officer, PSI Priyanka and ASI Pawan Kumar, P.S. Bharat Nagar.

5.

The complainant/respondent no.2 and respondent no. 3 states that the matter has been settled with the petitioners and they have no objection if the FIR along with the consequent chargesheet are quashed. Respondent No. 2/complainant further states that all the terms of the said settlement deed have been complied with and an affidavit dated 30.01.2025 has also been placed on record stating that she has entered into the settlement out of her own will and without any influence or coercion.

6.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 7.

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

to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

8.

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 continuing with the present FIR No. 323/2016, under Sections 325/451/34 of the IPC, registered at P.S. Bharat Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Mr. Deepak Vats, learned ACJM, (North-West), Rohini, Delhi. 9.

In the interest of justice, the petition is allowed, and FIR No. 323/2016, under Sections 325/451/34 of the IPC, registered at P.S. Bharat Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Mr. Deepak Vats, learned ACJM, (North-West), Rohini, Delhi, is hereby quashed subject to petitioners depositing a sum of Rs. 25,000/- with Delhi High Court Bar Association Employees Welfare Fund (SB A/C No. 15530100010657) within a period of 2 weeks from today.

10.

Petition is allowed and disposed of accordingly. 11.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J FEBRUARY 4, 2025/nk 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.