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High Court of DelhiCRL.M.C./1875/2024

Guman Singh And ORS v. State NCT Of Delhi & ANR.

2024-04-16Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1875/2024 GUMAN SINGH AND ORS.

..... Petitioners Through:

Mr. J.S. Dagar, Advocate along with petitioners.

versus STATE NCT OF DELHI & ANR.

..... Respondents Through:

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

Ms. Sarla Tanwar, Mr. D.K. Pandey and Mohd. Sarik, Advocates for R-2 with R-2.

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.0644/2021, registered at Police Station Dwarka North, Delhi for the offences punishable under Sections 354/354A/354B/509/323/34 of Indian Penal Code, 1860 and subsequent proceedings emanating therefrom.

2.

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

3.

All the petitioners are present before this Court and have been identified by their counsel Mr. J.S. Dagar and Investigating Officer (IO) HC The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Renuka Police Station Dwarka North, Delhi.

4.

Briefly stated, the facts of the case are that the respondent no.2 gave a written complaint to the S.H.O. P.S. Dwarka North, Delhi against the petitioners and on the basis whereof the present FIR was registered with P.S. Dwarka North against the petitioners. It is stated that after completion of the investigation, the charge sheet was filed by the I.O. before the court concerned. 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 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 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.0644/2021, registered at Police Station Dwarka North, Delhi for the offences punishable under Sections 354/354A/354B/509/323/34 of IPC and all consequential proceedings emanating therefrom are quashed, subject to petitioners as well as complainant, depositing a sum of Rs.5,000/- each with Delhi High Court Bar The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Association Employees Welfare Fund within one week. 8.

The petition stands disposed of.

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.