Vishal Sharma v. The State & ANR.

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2344/2024 VISHAL SHARMA ..... Petitioner Through:

Mr. Sushant Mehra, Advocate versus THE STATE & ANR.

..... Respondents Through:

Mr. Satish Kumar, APP for the State with SI Naveen, P.S. Wazirabad.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 21.03.2024 CRL.M.A. 8995/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 2344/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioners seeking quashing of FIR bearing no. 138/2019, registered at Police Station Wazirabad, Delhi for the offences punishable under Section 324 of the Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom.

4.

Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.

5.

Petitioner is present before this Court and has been identified by his The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

counsel Mr. Sushant Mehra and Investigating Officer (IO) from Police Station Wazirabad, Delhi.

6.

Brief facts of the present case are that petitioner and respondent no. 2 are immediate neighbours, residing the same locality. It is stated that the on 25.05.2019, the alleged incident had taken place on very trivial issue. On the complaint of respondent no. 2, the present FIR bearing no. 138/2019 was registered at Police Station Wazirabad, Delhi against the petitioner for offence punishable under Section 324 of IPC. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes vide Delhi Mediation Centre, Tis Hazari Courts dated 17.07.2023. 7.

On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that he has entered into compromise out of his own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties vide Delhi Mediation Centre, Tis Hazari Courts dated 17.07.2023.

8.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 9.

Accordingly, FIR bearing no. 138/2019, registered at Police Station Wazirabad, Delhi for the offences punishable under Section 324 of IPC and all consequential proceedings emanating therefrom are quashed, Subject to petitioner depositing a sum of Rs. 5,000/- with Advocates Welfare Fund, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Karkardooma Courts, Delhi within 10 days.

10.

In view of above, the petition stands disposed of. 11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 21, 2024/zp 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.