Ankit v. The State (Govt. Of NCT Of Delhi & ANR.

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1988/2024 ANKIT ..... Petitioner Through:

Mr. Rahul Kumar, Adv. with petitioner in person.

versus THE STATE (GOVT. OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State with SI Anjani Kumar Singh, P.S. Chankya Puri.

Complainant in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 12.03.2024 CRL.M.A. 7660/2024 (Exemption) 1.

Exemption allowed, subject to just exceptions. 2.

The application is accordingly disposed of.

CRL.M.C. 1988/2024 3.

The present petition filed under Section 482 Cr.P.C. seeks quashing of FIR No. 146/2019, under Sections 323/325/440 of the IPC, registered at P.S. Chankyapuri and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Mr. Animesh Bhasker Mani Tripathi, learned Metropolitan Magistrate Patiala House Courts, Delhi. 4.

Learned counsel for the petitioner submits that during the pendency of the aforesaid proceedings, the matter has been settled before Delhi Mediation Centre, Patiala House Courts, vide Settlement dated 27.03.2023. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The copy of the aforesaid settlement dated 27.03.2023 is on record (Annexure P-4) and in pursuance of the same, petitioner has agreed to pay an amount of Rs 57,500/- to respondent no.2/complainant. 5.

Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer, SI Anjani Kumar Singh, P.S. Chankya Puri.

6.

The complainant/respondent No.2 states that the matter has been settled with the petitioners and he has no objection if the FIR is quashed. He further states that all the terms of the agreement have been complied with. The parties further undertake to abide by their reciprocal obligations as per the terms of the Settlement Deed dated 27.03.2023. 7.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 8.

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."

9.

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. 146/2019, under Sections 323/325/440 of the IPC, registered at P.S. Chankyapuri and all other consequential The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings emanating therefrom, including the chargesheet pending before the Court of Mr. Animesh Bhasker Mani Tripathi, learned Metropolitan Magistrate Patiala House Courts, Delhi.

10.

In the interest of justice, the petition is allowed, and the FIR No. 146/2019, under Sections 323/325/440 of the IPC, registered at P.S. Chankyapuri and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Mr. Animesh Bhasker Mani Tripathi, learned Metropolitan Magistrate Patiala House Courts, Delhi, is hereby quashed.

11.

Petition is allowed and disposed of accordingly. 12.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MARCH 12, 2024/nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.