Sandeep Kumar And ORS. v. The State Of NCT Of Delhi And Anrs.
$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 934/2024 SANDEEP KUMAR AND ORS.
..... Petitioners Through:
Mr.Ashok Drall, Adv. along with petitioners (through VC) versus THE STATE OF NCT OF DELHI AND ANRS.
..... Respondents Through:
Mr.Sanjeev Bhandari, ASC (Crl.) with Ms.Anvita Bhandari, Mr.Kunal Mittal, Mr.Arjit Sharma and Mr.Vaibhav Vats, Advs.
SI Manoj Kumar Mr.Chirag Madan, Adv. for R-2 along with R-2 (through VC)
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 20.03.2024 1.
This petition has been filed under Article 226 of Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No. 245/2023 registered at Police Station: Dwarka South, Delhi under Sections 420/468/471/34 of the Indian Penal Code, 1860 (in short, 'IPC') along with all other proceedings emanating therefrom.
2.
Issue notice.
3.
Notice is accepted by Mr.Sanjeev Bhandari, the learned Additional Standing Counsel and Mr.Chirag Madan, Advocate on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
behalf of the respondent no.2.
4.
The learned counsel for the petitioners submits that the petitioner no.1 and the respondent no.2 have settled their inter se disputes and have executed Memorandum of Understanding dated 13.03.2024.
5.
The respondent no.2, who is present in Court virtually and has been duly identified by the Investigating Officer (IO). The respondent no.2 affirms that he has settled all the disputes with the petitioners of his own free will and without any coercion. The respondent no.2 submits that he has no objection if the present FIR is quashed. The Respondent no.2 states that he has received the amount as per the settlement.
6.
I have perused the contents of the FIR and also the settlement between the parties.
7.
Keeping in view the fact that the matter has been settled between the parties and the respondent no.2 does not wish to pursue his 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 it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer. 8.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.
9.
Accordingly, the petition is allowed. FIR No.245/2023 registered at Police Station: Dwarka South, Delhi under Sections 420/468/471/34 of IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners shall deposit costs of Rs.50,000/- each with the Delhi High Court Bar Clerk's Association within a period of four weeks from today, and file proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, within the said period. NAVIN CHAWLA, J MARCH 20, 2024/ns/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.