Harikant Sharma v. State / Govt. Of NCT Of Delhi And ANR.

$~108 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 944/2024 HARIKANT SHARMA ..... Petitioner Through:

Mr.Shripal Upadhyay, Mr.Lokesh & Mr.Ajeet Singh, Advs.

versus STATE / GOVT. OF NCT OF DELHI AND ANR.

..... Respondents Through:

Mr.Anand V. Khatri, ASC (Crl.).

SI Manish Tyagi, PS Govind Puri.

Respondent no.2 present in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 21.03.2024 CRL.M.A. 8991/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 944/2024 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. 0145/2024 registered at Police Station: Govind Puri under Sections 323/354/34 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.Anand V. Khatri, ASC (Crl.) on behalf of respondent no.1 and respondent no.2 who is present in person.

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 Settlement Deed dated 14.03.2024. 6.

The respondent no.2 is personally present in Court today 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. State of Gujarat & Ors. (2017) 9 SCC 641; and, State of Haryana & The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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. 0145/2024 registered at Police Station: Govind Puri under Sections 323/354/34 IPC and all consequential proceedings emanating therefrom against the petitioner are quashed.

NAVIN CHAWLA, J MARCH 21, 2024/rv/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.