Rajeev Garg & ORS. v. The State Govt Of NCT Of Delhi & ANR.

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2472/2024 RAJEEV GARG & ORS.

..... Petitioners Through:

Ms.Vidhi Jain, Mr.Daljeet Singh, Advs. with petitioners in person.

versus THE STATE GOVT OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Shoaib Haider, APP with SI Sandeep.

Ms.Sangita Jain, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 27.03.2024 CRL.M.A. 9413/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 2472/2024 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.582/2016 registered at Police Station: Punjabi Bagh, West District, Delhi, under Sections 354/354A/354B/511/506/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, based on a settlement. 3.

Issue Notice.

4.

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

State and by Ms.Sangita Jain, learned Advocate on behalf of the respondent no.2.

5.

The learned counsel for the petitioners submits that the petitioners and the respondent no. 2 are neighbours and an altercation between them took place due to some petty issues. He submits that the parties, that is, the petitioners and the respondent no.2, have amicably settled their inter se disputes and pursuant to the same, the complainant/respondent no.2 has filed her affidavit giving her consent for quashing of the abovementioned FIR. He further submits that the petitioners herein have also lodged an FIR being FIR No.575/2016 registered at Police Station: Punjabi Bagh, West District, Delhi under Sections 308/341/34 of the IPC against the husband of the respondent no.2 herein. 6.

The respondent no.2, who is personally present in Court and has been duly identified by the Investigating Officer (IO), does not oppose the present petition, and reiterates that the injury was caused due to inadvertence and she joins in the prayer of the petitioners that the FIR and the proceedings consequent thereto be quashed. She submits that she is making this statement out of her own free will and without any coercion.

7.

I have perused the contents of the FIR, Charge Sheet and also the settlement arrived at between the parties. 8.

Keeping in view the fact that parties are neighbours and the respondent no.2 does not wish to pursue her 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 FIR and all the proceedings emanating therefrom.

10.

Keeping in view the above, the present petition is allowed. Consequently, FIR No.582/2016 registered at Police Station: Punjabi Bagh, West District, Delhi, under Sections 354/354A/354B/511/506/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J MARCH 27, 2024/Arya/AS 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.