Lalit @ Lal Chand Rell & ANR. v. State Of NCT Of Delhi & ORS. & ORS.

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1977/2024 LALIT @ LAL CHAND RELL & ANR.

..... Petitioners Through:

Mr.Brijesh Panchal, Mr.Mohit Kumar Dedha & Mr.Ajeet Yadav, Advs.

versus STATE OF NCT OF DELHI & ORS. & ORS.

..... Respondents Through:

Mr.Satinder Singh Bawa, APP.

Insp. Yogesh, AATS North East.

Ms.Piyushi Garg, Adv. for R-2 & R-3.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 20.03.2024 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.0165/2018 registered at Police Station: G.T.B. Enclave, Shahdara District, Delhi under Sections 323/352/509/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement. 2.

The learned counsel for the petitioners submits that the disputes between the parties arose out of some petty issues. He submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Compromise Deed dated 01.09.2023. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The respondent nos.2 and 3 are personally present in Court today and have been duly identified by the Investigating Officer (IO) and they reaffirm the settlement and state that they have settled all the disputes with the petitioners out of their own free will and without any coercion. The respondent nos.2 and 3 submit that they have no objection if the present FIR is quashed.

4.

The learned APP has handed over a copy of the status report which inter alia confirms that both the petitioners/accused are the first time offenders and no previous criminal case is pending against the petitioners.

5.

I have perused the contents of the FIR and also the settlement between the parties.

6.

Keeping in view the fact that the respondent nos.2 and 3 do not wish to pursue their complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as it would create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

7.

Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641; and, State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

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

8.

Accordingly, the petition is allowed. FIR No.0165/2018 registered at Police Station: G.T.B. Enclave, Shahdara, Delhi under Sections 323/352/509/34 IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J MARCH 20, 2024/rv/ss 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.