Amritpal Thukral And ORS v. State NCT Of Delhi And ANR.
$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2056/2024 AMRITPAL THUKRAL AND ORS ..... Petitioners Through:
Mr.Pankaj Mendirattta, Adv.
versus STATE NCT OF DELHI AND ANR.
..... Respondents Through:
Mr.Satinder Singh Bawa, APP.
SI Ravi Yadav, PS Lajpat Nagar.
Mr.D. Abhay Kumar & Mr.J.S.
Tuli, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 13.03.2024 CRL.M.A. 7929/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 2056/2024 2.
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. 0229/2022 registered at Police Station: Lajpat Nagar, SouthEast, Delhi under Sections 342/448/452/354/506/509/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement. 3.
Issue notice.
4.
Notice is accepted by Mr.Satinder Singh Bawa, learned APP on behalf of State and Mr.D. Abhay Kumar, learned counsel for respondent no.2.
5.
The learned counsel for the petitioners submits that the disputes The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
between the parties took place due to some petty issues. He submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Memorandum of Understanding dated 27.01.2024.
6.
The respondent no.2 is personally present in Court and has been duly identified by the Investigating Officer (IO) and she reaffirms the settlement and states that she has settled all the disputes with the petitioners out of her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed.
7.
I have perused the contents of the FIR and also the settlement between the parties.
8.
Keeping in view the fact that the respondent no.2 does not wish to pursue her 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.
9.
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.
10.
Accordingly, the petition is allowed. FIR No. 0229/2022 registered at Police Station: Lajpat Nagar, South-East, Delhi under Sections 342/448/452/354/506/509/34 of IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J MARCH 13, 2024/rv/RP 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.