Monika And Others v. State Of NCT Of Delhi & ORS.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1868/2024 MONIKA AND OTHERS ..... Petitioners Through:

Mr. Punit Vinay & Ms. Anjana Gupta, Advocates alongwith petitioners in person.

versus STATE OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State ASI Santosh, P.S. Khyala.

Mr. Shanti Prakash, Advocate for R-2 to R-4 alongwith R-2 to R-4 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 05.03.2024 1.

The present petition filed under Section 482 of the Cr.P.C. seeks quashing of the FIR No. 25/2024, under Sections 308/506/34 of the IPC, registered at P.S. Khyala.

2.

Learned counsel appearing on behalf of the petitioners submits that the present FIR was registered at the instance of respondent no.2 on account of some petty dispute. It is submitted that as a result of the said dispute, a cross-FIR, i.e., FIR No. 24/2024, under Sections 308/506/34 of the IPC, was registered at P.S. Khyala, at the instance of petitioner no. 1 against respondent no. 2 and his family members.

3.

It is further submitted that during the pendency of the investigation in the present FIR, the parties have entered into a compromise vide settlement deed dated 18.01.2024, pursuant to which parties have no objection to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashing of cross-FIRs. The cross-FIR, i.e., FIR No. 24/2024, under Sections 308/506/34 of the IPC, registered at P.S. Khyala is the subject matter of CRL.M.C. 1865/2024, which is being disposed of by a separate order of the same date.

4.

Petitioners and respondents no. 2 to 4 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, ASI Santosh, P.S. Khyala. 5.

Respondent no. 2/complainant and respondents no. 3 and 4 state that the matter has been settled with the petitioners and they have no objection if the FIR is quashed.

6.

Learned APP 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 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 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 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. 25/2024, under Sections 308/506/34 of the IPC, registered at P.S. Khyala.

9.

In the interest of justice, the petition is allowed, and the FIR No. 25/2024, under Sections 308/506/34 of the IPC, registered at P.S. Khyala, is hereby quashed.

10.

Petition is allowed and disposed of accordingly. 11.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MARCH 5, 2024/bsr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.