Suresh Lal Dua & ORS. v. The State And ANR.
$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3006/2023 SURESH LAL DUA & ORS.
.....Petitioners Through:
Mr. Kapil Malik, Ms. Richa Sharma, Advs. with petitioners in person.
versus THE STATE AND ANR.
.....Respondents Through:
Ms. Priyanka Dalal, APP for the State.
ASI Girish Chand & SI Jatin Kumar, P.S. Model Town.
Mr. Seyd Mohd. Shoeb, Adv. for R-2 with R-2 (through VC)
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 26.05.2025 1.
This hearing has been done through hybrid mode. 2.
The present petition under Section 482 of the Cr.P.C. seeks quashing of FIR No. 237/2023 under Sections 323/354/509/34 of the IPC, registered at P.S. Model Town and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Shubhi Gupta, learned Judicial Magistrate First Class, Mahila Court-02, Rohini District Courts, Delhi.
3.
On the last date of hearing i.e. 02.05.2025, it was pointed out that one another person is an accused in the present case i.e. Mr. Yash Dua. In pursuance of the same an amended memo of parties has been filed making him petitioner no.4.
4.
Learned counsel appearing on behalf of the petitioner submits that this The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
FIR relates to a property dispute, which has now been settled with respondent no.2 before Mediation Centre, Rohini Courts, in CS (Comm.) 272/2023 vide Agreement dated 24.01.2024 and in pursuance of which respondent no. 2 has no objection, if the present FIR and the subsequent chargesheet are quashed. Although the agreement says that the petitioner shall withdraw the present petition but in view of the previous clause where respondent no.2 has agreed for quashing of the FIR, learned counsel appearing on behalf of respondent no.2, who appears through VC submits that the present petition may be allowed.
5.
Petitioners are present before the Court and respondent no.2 is present through video conferencing and have been duly identified by the Investigating Officer, ASI Girish Chand 6.
In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR and the consequential proceedings arising therefrom including the chargesheet are quashed. 7.
In Gian Singh vs. 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."
8.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
with the present FIR No. 237/2023 under Sections 323/354/509/34 of the IPC, registered at P.S. Model Town and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Shubhi Gupta, learned Judicial Magistrate First Class, Mahila Court-02, Rohini District Courts, Delhi 9.
In the interest of justice, the petition is allowed, and the FIR No. 237/2023 under Sections 323/354/509/34 of the IPC, registered at P.S. Model Town and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Shubhi Gupta, learned Judicial Magistrate First Class, Mahila Court-02, Rohini District Courts, Delhi are hereby quashed.
10.
Petition is allowed and disposed of accordingly. 11.
Pending application(s), if any, also stands disposed of. AMIT SHARMA, J MAY 26, 2025/nk/pr 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.