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High Court of DelhiCRL.M.C./2420/2024

Sh. Anil & ANR. v. The State (N.C.T. Of Delhi) & ANR.

2024-03-22Hon'Ble Mr. Justice Amit Sharma3 pages

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2420/2024 SH. ANIL & ANR.

..... Petitioners Through:

Mr.

Rahul Thakur, Advocate alongwith petitioners in person.

versus THE STATE (N.C.T. OF DELHI) & ANR.

..... Respondents Through:

Mr. Utkarsh, Ld. APP for the State with SI Vandana, P.S. Anand Parbat, Delhi.

Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 22.03.2024 1.

The present petition filed under Section 482 of the Cr.P.C. seeks quashing of the FIR No. 272/2016 under Sections 354/354B/34 of Indian Penal Code registered at P.S. Anand Parbat and all other consequential proceedings emanating therefrom, including the charge-sheet pending before the Court of Ms. Alka Singh, learned Metropolitan Magistrate, West District, Tis Hazari Courts, Delhi.

2.

Learned counsel for the petitioners submits that during the pendency of the aforesaid proceedings the matter has been settled with respondent no.2. In pursuance thereof, respondent no. 2 has no objection if the FIR and chargesheet is quashed.

3.

Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer, SI The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Vandana, P.S. Anand Parbat.

4.

Complainant/respondent no. 2 submits that the matter has been settled with the petitioners and she has no objection, if the present FIR is quashed. 5.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 6.

In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

7.

In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 272/2016 under Sections 354/354B/34 of Indian Penal Code registered at P.S. Anand Parbat and all other consequential proceedings emanating therefrom, including the charge-sheet pending before the Court of Ms. Alka Singh, learned Metropolitan Magistrate, West District, Tis Hazari Courts, Delhi. 8.

In the interest of justice, the petition is allowed, and the FIR No. 272/2016 under Sections 354/354B/34 of Indian Penal Code registered at P.S. Anand Parbat and all other consequential proceedings emanating therefrom, including the charge-sheet pending before the Court of Ms. Alka Singh, learned Metropolitan Magistrate, West District, Tis Hazari Courts, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Delhi, is hereby quashed.

9.

Petition is allowed and disposed of accordingly. 10.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MARCH 22, 2024/K The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.