Bhagat Singh v. The State, Government Of National Capital Territory Of Delhi & ANR.

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 895/2024 BHAGAT SINGH ..... Petitioner Through:

Ms.Pallavi Vashist & Mr.Manoj Kumar, Advs.

Petitioner present through VC.

versus THE STATE, GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ANR.

..... Respondents Through:

Mr.Yasir Rauf Ansari, ASC (Crl.) for State with Mr.Alok Sharma & Mr.Vasu Agarwal, Advs.

SI Sumit Singh, PS IP Estate.

Mr.Chandrabhan, Adv. for R-2 along with respondent no.2 present in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 18.03.2024 CRL.M.A. 8436/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 895/2024 2.

This petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No. 0303/2023 registered at Police Station: IP Estate, Central-District, Delhi under Sections 323/354-A/506 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

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3.

Issue notice.

4.

Notice is accepted by Mr.Yasir Rauf Ansari, learned ASC (CRL.) on behalf of State and Mr.Chandrabhan, learned counsel for respondent no.2.

5.

The learned counsel for the petitioner submits that the disputes between the parties arose out of 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-cumSettlement Deed dated 02.12.2023. 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 petitioner 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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.

10.

Accordingly, the petition is allowed. FIR No. 0303/2023 registered at Police Station: IP Estate, Central-District, Delhi under Sections 323/354-A/506 IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J MARCH 18, 2024/rv/ss 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.