Shalaish Baisla & ANR. v. State & ORS.

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2284/2024 SHALAISH BAISLA & ANR.

..... Petitioners Through:

Mr.Shivashish Gunwal, Mr.Nirdesh, Ms.Sonam Kasana, Mr.Vinod Bidhuri & Mr.Sachin Verma, Advs.

Petitioners present in person.

versus STATE & ORS.

..... Respondents Through:

Mr.Naresh Chahar, APP.

ASI Yogesh, PS KM Pur & SI Munish Kr. PS KM Pur.

Mr.Vikas Bidhuri, Mr.Kunal, Mr.Sohit Bansal & Mr.Punit Adhana, Advs. for R-2 to R-7.

Respondent no.2 and 3 present in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 23.04.2024 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No. 0096/2024 registered at Police Station: K.M. Pur, South Delhi under Sections 288/337/304A of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

2.

The learned counsel for the petitioners submits that the disputes between the parties have now been amicably settled and they have entered into a Settlement Deed dated 15.03.2024. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

In pursuance of the settlement arrived at between the parties, the petitioners have paid the settlement amount of Rs. 5,00,000 (Rupees Five lacs only) to the respondent no.3. However, the petitioners have handed over an additional amount of Rs. 2,00,000 (Rupees Two Lacs only) to respondent no. 3. Respondent nos. 4 to 6 are her minor children. The petitioners have also paid a sum of Rs. 15,000/- (Rupees Fifteen Thousand only) to respondent no. 2. Respondent no. 7 is the father of the deceased, who has also signed the no-objection affidavit annexed with the petition as well as the Settlement Deed.

4.

The respondent nos.2 and 3, are present in person in Court and have been duly identified by the Investigating Officer (IO). They reaffirm the above-mentioned settlement and state that they have settled all the disputes with the petitioners out of their own free will and without any coercion. The respondent nos.2 and 3 submits that they have no objection if the present FIR is quashed. 5.

I have perused the contents of the FIR and also the settlement between the parties.

6.

Keeping in view the fact that the complainants 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 the chances of its success will be rather minuscule and will be an unnecessary burden on the State exchequer.

7.

Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 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.

8.

Accordingly, the petition is allowed. FIR No. 0096/2024 registered at Police Station: K.M. Pur, South Delhi under Sections 288/337/304A of the IPC, and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J APRIL 23, 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.