Ganesh Mani v. The State Of NCT

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2734/2023 and CRL.M.A. 10275/2023 GANESH MANI .....Petitioner Through:

Ms. Madhusmita Bora and Mr. Bijoy Kumar Pradhan, Advs. alongwith the petitioner through VC.

versus THE STATE OF NCT .....Respondent Through:

Mr. Sanjeev Sabharwal, APP for the State and Ms. Mansi Sharma, Adv.

Mr. Dipankar Singh, Adv. for R-2 and R-3. R-2 and 3 in-person(Through VC).

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 18.02.2025 1.

This hearing has been done through hybrid mode. CRL.M.A. 953/2024 2.

The present application under Section 482 of the CrPC seeks the following prayers: - "a. To implead the Complainant and the Prosecutrix in the present case; and b. Pass any such other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice."

3.

The application is allowed.

4.

Amended memo of parties be taken on record.

5.

The petition under Section 482 of the CrPC seeks quashing of the FIR No. 101/2015 under Section 363 of the IPC, registered at PS Tughlak Road The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Isha Singh, learned JMFC-03, Patiala House Courts, New Delhi.

6.

Learned counsel appearing on behalf of the petitioner submits that the present FIR was registered on the basis of a complaint of respondent no. 2. It is further pointed out that respondent no. 3 in her statement under Section 164 of the CrPC during investigation had stated that she had gone with the petitioner on her own free will without any enticement and that the complaint filed by her mother was incorrect. In any case, during the pendency of the present petition the petitioner has since settled this issue with respondent no. 2 and the latter has agreed to cooperate in quashing the present FIR. Respondent no. 2 and 3 have filed their separate affidavits and the same are on record.

7.

The petitioners and respondent no. 2 and 3 appear through video conferencing in the Court and have been duly identified by their respective counsels, as well as the Investigating Officer, SI Komal Shakya, PS Tughlak Road.

8.

The respondent No.2 and 3 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed against the petitioners.

9.

In view of the settlement between the parties, learned APP for the State submits that the investigation in the present FIR is complete and she has no objection, if the present FIR and the consequent chargesheet pending before the court of competent jurisdiction is quashed. 10.

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

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." 11.

In view of the aforesaid circumstances, and that fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 101/2015 under Section 363 of the IPC, registered at PS Tughlak Road and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Isha Singh, learned JMFC-03, Patiala House Courts, New Delhi. 12.

In the interest of justice, the petition is allowed, and the FIR No. 101/2015 under Section 363 of the IPC, registered at PS Tughlak Road and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Isha Singh, learned JMFC-03, Patiala House Courts, New Delhi, is hereby quashed. 13.

The petition is allowed and disposed of accordingly. 14.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J FEBRUARY 18, 2025/kr/pr 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.