Gaurav Sharma v. State NCT Delhi And ANR.
$~21 & 23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2507/2024 GAURAV SHARMA ..... Petitioner Through:
Ms. Deepshika Rai & Mr. Anuj Singh, Advocates alongwith petitioner in person.
versus STATE GOVT. OF NCT OF DELHI AND ANR.
..... Respondents Through:
Mr. Sunil Kumar Gautam, APP for the State with SI Ashish, P.S. Rajouri Garden.
Ms. Ashi Nigam, Advocate for R-2 alongwith R-2 in person.
+ CRL.M.C. 2515/2024 GAURAV SHARMA ..... Petitioner Through:
Ms. Deepshika Rai & Mr. Anuj Singh, Advocates alongwith petitioner in person.
versus STATE NCT DELHI AND ANR.
..... Respondents Through:
Mr. Sunil Kumar Gautam, APP for the State with SI Ashish, P.S. Rajouri Garden.
Ms. Ashi Nigam, Advocate for R-2 alongwith R-2 in person.
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CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 28.03.2024 CRL.M.A. 9549/2024 (Exemption) in CRL.M.C. 2507/2024 CRL.M.A. 9572/2024 (Exemption) in CRL.M.C. 2515/2024 1.
Exemptions allowed, subject to just exceptions. 2.
The applications are accordingly disposed of. CRL.M.C. 2507/2024 & CRL.M.C. 2515/2024 3.
The present petitions under Section 482 of the Cr.P.C. seek quashing of FIR No. 931/2020, under Sections 323/354/451/506 of the IPC (subject matter of CRL.M.C. 2507/2024) and FIR No. 61/2020, under Sections 354/354D/506/509 of the IPC (subject matter of CRL.M.C. 2515/2024) both registered at P.S. Rajouri Garden and all other consequential proceedings emanating therefrom, including the chargesheets pending before the Court of Ms. Akanksha Gautam, learned Metropolitan Magistrate, Tis Hazari Courts, Delhi.
4.
Learned counsel appearing on behalf of the petitioner submits that the latter and respondent no. 2 were known to each other and on account of some misunderstanding, the aforesaid FIRs were registered at the instance of respondent no. 2. It is further submitted that during the pendency of the aforesaid proceedings, the parties have amicably settled their disputes, in pursuance of which, respondent no. 2 has no objection, if the aforesaid FIRs are quashed. It is further submitted that the respondent no. 2/complainant has filed an affidavit on 01.03.2024 stating that she has no objection if the present FIRs are quashed.
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5.
Petitioner and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Ashish, P.S. Rajouri Garden. 6.
The complainant/respondent no.2 states that the matter has been settled with the petitioner and she has filed the affidavit out of her own will and without any fear, threat or coercion from any person. She further submits that she has no objection if the present FIRs are quashed. 7.
In view of the settlement between the parties, learned APP for the State also has no objection if the present FIRs are quashed, subject to imposition of cost on the petitioner.
8.
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."
9.
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 FIR No. 931/2020, under Sections 323/354/451/506 of the IPC (subject matter of CRL.M.C. 2507/2024) and FIR No. 61/2020, under Sections 354/354D/506/509 of the IPC (subject matter of CRL.M.C. 2515/2024) both registered at P.S. Rajouri Garden and all other consequential proceedings emanating therefrom, including the chargesheets The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
pending before the Court of Ms. Akanksha Gautam, learned Metropolitan Magistrate, Tis Hazari Courts, Delhi.
10.
In the interest of justice, the petitions are allowed, and FIR No. 931/2020, under Sections 323/354/451/506 of the IPC (subject matter of CRL.M.C.
2507/2024) and FIR No.
61/2020, under Sections 354/354D/506/509 of the IPC (subject matter of CRL.M.C. 2515/2024) both registered at P.S. Rajouri Garden and all other consequential proceedings emanating therefrom, including the chargesheets pending before the Court of Ms. Akanksha Gautam, learned Metropolitan Magistrate, Tis Hazari Courts, Delhi, are hereby quashed, subject to payment of cost of Rs. 15,000/- in each petition to be deposited by the petitioner in a consolidated sum of Rs. 30,000/- with Delhi High Court Bar Association Employees Welfare Fund, within 07 working days from today. 11.
Petitions are allowed and disposed of accordingly. 12.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MARCH 28, 2024/bsr 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.