Ranjeet Kumar Gupta & ORS. v. The State (Govt. Of NCT Of Delhi) & ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2074/2024 RANJEET KUMAR GUPTA & ORS.
..... Petitioners Through:
Mr. Godsm George, Advocate.
versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.
..... Respondents Through:
Mr. Raj Kumar, APP for the State with SI Vijay, P.S. Sonia Vihar.
Mr. Ankit Kashyap, Advocate for R2.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 14.03.2024 CRL.M.A. 8028/2024 1.
Allowed, subject to all just exceptions.
CRL.M.C. 2074/2024 2.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.294/2021 under Sections 324/341/506/34 IPC registered at Police Station Sonia Vihar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 3.
Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of landlord-tenant dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
The petitioner, as well as, the respondent no. 2 are present in the Court and they have been identified by the Investigating Officer SI Vijay, PS Sonia Vihar.
5.
The brief facts of the case are that the respondent no. 2 is the tenant of the petitioners. On 09.08.2021 a quarrel took place between the parties that escalated to a level of fight in which the respondent no. 2 suffered injuries. Following this a complaint was made by the respondent no. 2 which culminated into the registration of present FIR. 6.
During the pendency of the proceedings, the parties were referred to the Delhi Mediation Centre, Karkardooma Court, Delhi where a settlement was arrived at between them on 17.11.2023, a copy of which is annexed as Annexure A-2 to the present petition.
7.
In terms of the said settlement, the parties decided to settle all their disputes amicably.
8.
It is a term of the settlement between the parties that the respondent no.2 shall cooperate with the petitioners in quashing of the aforesaid FIR. 9.
The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.
10.
At this stage, apt would it be to refer to the observations of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
to an end and peace is restored; securing the ends of justice being the ultimate guiding factor."
11.
In view of the settlement between the parties, the ultimate chances of conviction in the case are bleak, therefore, continuation of criminal proceedings will not serve any useful purpose and it will be an exercise in futility.
12.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 13.
Consequently, the petition is allowed and the FIR No. 294/2021 under Sections 324/341/506/34 IPC registered at Police Station Sonia Vihar alongwith all other proceedings emanating therefrom, is quashed. 14.
The petition stands disposed of in the above terms. 15.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J MARCH 14, 2024/MR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.