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High Court of DelhiCRL.M.C./2356/2024

Akhlender Shah & ORS. v. State Of NCT Of Delhi And ANR.

2024-03-21Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2356/2024 AKHLENDER SHAH & ORS.

..... Petitioners Through:

Mr. C.B. Singh & Ms. Seema Singh Tomar, Advocates.

versus STATE OF NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Satish Kumar, APP for State with SI Asmita, P.S. Najafgarh, Delhi.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 21.03.2024 CRL.M.A. 9021/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 2356/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been filed by the petitioner praying for quashing of FIR bearing No.171/2020 dated 23.03.2020, registered at Police Station Najafgarh, Delhi for offences punishable under Sections 354/354(B)/506/ 509/323/34 of the Indian Penal Code, 1860 (IPC). 4.

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

5.

The brief facts of the case are that respondent no.2 along with her The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

family had came to the resident of her in laws for taking care of her fatherin-law and on 20.03.2020, when petitioner no.2 was watering flowers, some water fell in front of the house of brother-in-law of respondent no.2, after that petitioners herein had started abusing respondent no.2 and in agitation respondent no.2 had questioned about the disgusting behaviour of petitioner and that they had made derogatory remarks against respondent no.2 and her family members and had started fighting with her husband. The petitioners, after hearing the commotion, started abusing respondent no.2 and her husband. Later, the scuffle between the petitioners and respondent no.2 escalated into a major fight, under severe threats and menace the respondent no.2 and her husband was forced to confine themselves to their house, where the petitioners sustained significant injuries at the hands of the petitioners, resulting in lodging of the present FIR.

6.

Petitioners are present before this Court and have been identified by their counsel Mr. C.B. Singh and Investigating Officer (IO) ASI Asmita from Police Station Najafgarh, Delhi.

7.

On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her 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 settlement arrived on 20.12.2023 before the Mediation Centre, Dwarka Courts, Delhi between them. 8.

Today, the complainant who is present in Court states that the matter has amicably settled between the parties and she has no objection if the FIR is quashed.

9.

In view of the above fact that the parties have amicably resolved their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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. 10.

Accordingly, FIR bearing No.171/2020 dated 23.03.2020, registered at Police Station Najafgarh, Delhi for offences punishable under Sections 354/354(B)/506/509/323/34 of the IPC and all consequential proceedings emanating therefrom are quashed subject to each petitioner depositing a sum of Rs.3,000/- with the Advocates Welfare Fund, Dwarka Courts, Delhi within 10 days from today.

11.

The petition stands disposed of.

12.

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