Yash Khangwal & ANR. v. State Of Govt Of NCT Of Delhi & ANR.

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2425/2024 YASH KHANGWAL & ANR.

..... Petitioners Through:

Mr.Shiv Kumar Gautam, Mr.Rohit Gupta and Mr.Gopal Agonia, Advs.

versus STATE OF GOVT OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Shoaib Haider, APP with SI Harsh Kumar Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 22.03.2024 CRL.M.A. 9263/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 2425/2024 2.

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.270/2019 registered at Police Station: Nabi Karim, Delhi under Sections 323/341/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

3.

Issue notice.

4.

Notice is accepted by Mr. Shoaib Haider, the learned APP and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

by the respondent no.2, who appears in person. 5.

The learned counsel for the petitioners submits that the parties live in the same vicinity and the disputes between them arose out of some petty issues, which led to the filing of the above FIR. 6.

The learned counsel for the petitioners submits that the parties, that is, the petitioners and the respondent no.2 have now amicably settled their inter se disputes and have executed a settlement vide Memorandum of Understanding dated 28.02.2024. 7.

The respondent no.2, who is present in person in Court, is duly identified by the Investigating Officer (IO), affirms the settlement and states that he has settled all the disputes with the petitioners out 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. 8.

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

9.

As the disputes between the parties have been amicably settled by way of a settlement, and also looking into the nature of the allegations made in the complaint, in my opinion, no useful purpose would be served in keeping the FIR alive. In fact, it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

10.

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.

11.

Accordingly, the petition is allowed. FIR No.270/2019 registered at Police Station: Nabi Karim, Delhi under Sections 323/341/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners shall deposit costs of Rs.25,000/- each, with Delhi Police Martyrs' Fund, [Bank Name: UCO Bank, IIPA, ITO, New Delhi, A/c No. 18200110036907] 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 22, 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.