Parmod Negi & ANR. v. The State Of NCT Of Delhi & ORS.
$~106 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2363/2024 PARMOD NEGI & ANR.
..... Petitioners Through:
Mr.Sohan Singh Negi, Adv.
with petitioners in person.
versus THE STATE OF NCT OF DELHI & ORS. ..... Respondents Through:
Mr.Satinder Singh Bawa, APP with SI Prem Giri.
Mr.Amit P. Shahi, Adv. with R2 and 3 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 21.03.2024 CRL.M.A. 9079/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 2363/2024 2.
This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') read with Article 227 of the Constitution of India, seeking quashing of FIR No.257/2020 registered at Police Station: K.N.Katju Marg, New Delhi, under Sections 323/354A/354B/342/506/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings emanating therefrom, on the basis of a settlement.
3.
Issue notice.
4.
Notice is accepted by Mr.Satinder Singh Bawa, the learned APP and Mr.Amit P. Shahi, Advocate on behalf of the respondent nos.2 and 3.
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5.
The learned counsel for the petitioners submits that the subject FIR was an offshoot of some matrimonial disputes between the parties. He submits that the parties have amicably settled their inter se disputes with the intervention of the family members and have entered into a settlement/compromise deed dated 23.01.2024. Now the parties are living peacefully and enjoying their life and as per mutual agreement. 6.
The respondent nos.2 and 3, who are present in person have been duly identified by the Investigating Officer (IO). They affirm the settlement and state that they have settled all the disputes with the petitioners of their own free will and without any coercion. They submit that they have no objection if the present FIR is quashed. 7.
I have perused the contents of the FIR and also the settlement arrived at between the parties.
8.
Keeping in view the fact that disputes between the parties arose out of matrimonial household discord between the parties and the respondent no.2 and 3 do not wish to pursue their 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 rather 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. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.257/2020 registered at Police Station: K.N.Katju Marg, New Delhi, under Sections 323/354A/354B/342/506/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are hereby quashed.
NAVIN CHAWLA, J MARCH 21, 2024/Arya/am 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.