Deepika Lal & ORS. v. State Govt. Of NCT Of Delhi And ANR.

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2166/2024 and CRL.M.A. 8409/2024 (exemption) DEEPIKA LAL & ORS.

..... Petitioners Through:

Mohammad Akhtar and Mr. Arif Shakeel, Advocates alongwith petitioners in person.

versus STATE GOVT. OF NCT OF DELHI AND ANR. ..... Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State.

SI Nirankar, PS Defence Colony.

Mr. Sarath Kumar Vyas and Ms.

Agraza, Advocates for the R-2 alongwith R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 18.03.2024 1.

The present petition filed under Section 482 of the Cr.P.C. seeks quashing of the FIR No. 237/2015, under Sections 342/354A/354D/509/34 of the IPC, registered at P.S. Defence Colony and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Neha Saini, learned Metropolitan Magistrate, Saket Courts, Delhi.

2.

Learned counsel appearing on behalf of the petitioners submits that petitioners and respondent no. 2 were doing an internship together and on account of some misunderstanding the aforesaid FIR was registered. Subsequently, on 02.03.2024, parties arrived at a memorandum of understanding and as per the said settlement deed, petitioners have agreed to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

pay an amount of Rs. 2,50,000/- to the respondent no.2. The copy of the aforesaid settlement deed dated 02.03.2024 is on record (Annexure B). 3.

Further, as per the settlement deed, an amount of Rs. 1,25,000/- has already been paid to respondent no.2 and the remaining amount of Rs. 1,25,000/- has been paid to her counsel in court today, by means of a demand draft.

4.

Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Nirankar, PS Defence Colony. 5.

A demand draft bearing no. 014796 dated 10.03.2024 for Rs. 1,25,000/- drawn on HDFC Bank, has been handed over to counsel of complainant/Respondent No.2, who acknowledges the receipt of the same. 6.

The complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with.

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

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 the FIR No. 237/2015, under Sections 342/354A/354D/509/34 of the IPC, registered at P.S. Defence Colony and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Neha Saini, learned Metropolitan Magistrate, Saket Courts, Delhi. 10.

In the interest of justice, the petition is allowed, and the FIR No. 237/2015, under Sections 342/354A/354D/509/34 of the, registered at P.S. Defence Colony and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Neha Saini, learned Metropolitan Magistrate, Saket 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 18, 2024/sn The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.