Anil Dutt Sharma & ORS. v. The State(Govt. Ofnct Of Delhi), Through Sho (Ps S.P. Badli) & ANR.
$~78 & 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI (78)+ CRL.M.C. 2406/2024 (17)+ CRL.M.C. 4695/2022 & CRL.M.A. 19000/2022, CRL.M.A. 34929/2023 ANIL DUTT SHARMA & ORS.
..... Petitioners Through:
Mr.Sachin Bansal and Ms.Sakshi Mahajan, Advs.
along with P-1 and P-2 in person.
versus THE STATE(GOVT. OF NCT OF DELHI) & ANR.
..... Respondents THE STATE NCT OF DELHI & ORS.
..... Respondents Through:
Ms.Priyanka Dalal, APP Insp. Naveen Kumar, Insp.
Mintu Jha and Insp. Sushila in CRL.M.C. 2406/2024 W/SI Sanju in CRL.M.C.
4695/2022 Respondent nos.2 and 3 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 01.04.2024 CRL.M.A. 9226/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 2406/2024 2.
These petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
FIR No.977/2015 registered at Police Station: Samaipur Badli (Outer), Outer District, Delhi under Section 380 of the Indian Penal Code, 1860 (in short, 'IPC') in CRL.M.C. 2406/2024 and FIR No.562/2014 registered at Police Station: North Rohini, Outer District, Delhi under Sections 354/506/509/34 of the IPC and Section 12 of the Protection of Children from Sexual Offences Act, 2012 (in short, 'POCSO Act') in CRL.M.C. 4695/2022, along with all other proceedings arising therefrom, on the basis of a settlement.
3.
Issue Notice in CRL.M.C. 2406/2024.
4.
Notice is accepted by Ms.Priyanka Dalal, learned APP for the State.
5.
The learned counsel for the petitioner(s) submits that the parties are family members and the subject FIR arose out of some petty issues between the parties. It is further submitted that the parties have settled their inter se disputes and have executed Memorandums of Understanding dated 21.04.2018 and 28.03.2018. 6.
The complainants are personally present in Court and have been duly identified by the Investigating Officers (IO). They reaffirm that they have settled all the disputes with the petitioners out of their own free will and without any coercion. They submit that they have no objection if the subject FIRs are quashed.
7.
I have perused the contents of the FIRs and also the settlement between the parties.
8.
Keeping in view the fact that these matters have arisen out of family disputes between the parties and the complainants in the respective FIRs do not wish to pursue their complaints any further, as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 FIRs as the chances of their 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. 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 appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIRs and all the proceedings emanating therefrom.
10.
Accordingly, the petitions are allowed. Consequently, FIR No.977/2015 registered at Police Station: Samaipur Badli (Outer), Outer District, Delhi under Section 380 of the IPC in CRL.M.C. 2406/2024 and FIR No.562/2014 registered at Police Station: North Rohini, Outer District, Delhi under Sections 354/506/509/34 of the IPC and Section 12 of the POCSO Act in CRL.M.C. 4695/2022 and all consequential proceedings emanating therefrom against the petitioner(s) are quashed, subject to the condition that the petitioner(s) shall deposit costs of Rs.35,000/-, either jointly or severally, in CRL.M.C. 2406/2024 and Rs.35,000/- in CRL.M.C. 4695/2022 with the Blind Relief Association, Delhi, State Bank of India, IOC Branch, Lodhi Road, New Delhi, Account No.30003044419, IFSC Code: SBIN0006564 within a period of three weeks from today, and file The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, within the said period. 11.
The pending applications also stand disposed of as infructuous. NAVIN CHAWLA, J APRIL 1, 2024/ns 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.