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High Court of DelhiCRL.M.C./2476/2024

Smt. Chanchal Yadav & ORS. v. State Govt. Of NCT Of Delhi & ANR.

2024-03-28Hon'Ble Mr. Justice Navin Chawla4 pages

$~74 & 75 * IN THE HIGH COURT OF DELHI AT NEW DELHI (74)+ CRL.M.C. 2476/2024

(75) CRL.M.C. 2477/2024 SMT. CHANCHAL YADAV & ORS.

..... Petitioners RAM KUMAR YADAV & ORS.

..... Petitioners Through:

Mr.R.K.

Gautam, Adv.

in CRL.M.C. 2476/2024 Mr.Pankaj Gupta and Mr.Jitender Sharma, Advs. in CRL.M.C. 2477/2024 versus STATE GOVT. OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr.Satinder Singh Bawa, APP with SI Arun Kumar Mr.Pankaj Gupta and Mr.Jitender Sharma, Advs. for R-2 in CRL.M.C. 2476/2024 along with R-2 in person.

Mr.R.K. Gautam, Adv. for R-2 in CRL.M.C. 2477/2024 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 28.03.2024 CRL.M.A. 9437/2024 (Exemption) in CRL.M.C. 2476/2024 CRL.M.A. 9438/2024 (Exemption) in CRL.M.C. 2477/2024 1.

Allowed, subject to all just exceptions.

CRL.M.C. 2476/2024 CRL.M.C. 2477/2024 2.

These petitions have been filed under Section 482 of the Code The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.0460/2016 registered at Police Station: South Rohini, OuterDistrict, Delhi under Sections 323/354B/427/509/506/34 of the Indian Penal Code, 1860 (in short, 'IPC') in CRL.M.C. 2476/2024 and FIR No.0459/2016 registered at Police Station: South Rohini, OuterDistrict, Delhi under Sections 323/354B/427/509/506/34 of the IPC in CRL.M.C. 2477/2024, along with all other proceedings arising therefrom, on the basis of a settlement.

3.

Issue notice.

4.

Notice is accepted by Mr.Satinder Singh Bawa, learned APP for the State, by Mr.Pankaj Gupta, Advocate for the respondent no.2 in CRL.M.C. 2476/2024 and by Mr.R.K. Gautam, Advocate for the respondent no.2 in CRL.M.C. 2477/2024.

5.

The learned counsels for the petitioners submit that the disputes between the parties arose out of some family discord, which led to the registration of the abovementioned FIRs.

6.

The learned counsels for the petitioners submit that the parties have amicably settled their inter se disputes before Delhi Mediation Centre, Rohini District Courts, Delhi vide Settlement/Compromise dated 06.09.2018.

7.

The respondent no.2 in their respective petitions are personally present in Court and have been duly identified by the Investigating Officer (IO). They reaffirm the abovementioned settlement and state that they have settled all the disputes with the petitioners out of their own free will and without any coercion. The respondent no.2 in their respective petitions submit that they have no objection if the present The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

FIRs are quashed.

8.

I have perused the contents of the FIRs, Charge Sheet and also the settlement between the parties.

9.

Keeping in view the fact that the disputes arose out of family discord and the respondent no.2 in their respective petitions do not wish to pursue their complaints 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 FIRs as it would 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 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.

11.

Accordingly, the petitions are allowed. FIR No.0460/2016 registered at Police Station: South Rohini, Outer-District, Delhi under Sections 323/354B/427/509/506/34 of the IPC in CRL.M.C. 2476/2024 and FIR No.0459/2016 registered at Police Station: South Rohini, Outer-District, Delhi under Sections 323/354B/427/509/506/34 of the IPC in CRL.M.C. 2477/2024 and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that each of the petitioners shall The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

deposit costs of Rs.25,000/- each with "The Blind Relief Association, Delhi" (Bank: State Bank of India, IOC Branch, Lodhi Road, New Delhi-110003; Account No.30003044419; IFSC: SBIN0006564) within a period of three 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 28, 2024/ns/ss 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.