Manoj Garg v. The State (Govt. Of NCT Of Delhi) & ANR.

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2519/2024 MANOJ GARG ..... Petitioner Through:

Mr. Ankit Rana, Advocate alongwith petitioner in person.

versus THE STATE (GOVT. OF NCT OF DELHI) & ANR..... Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State.

SI Vishal and SI Vaishali, PS Ashok Vihar.

Mr. Rajan Singh and Mr. Amit Kashyap, Advocates for R-2 alongwith R-2 and her parents in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 20.05.2024 1.

The present petition filed under Section 482 of the Cr.P.C. seeks quashing of FIR No. 365/2019, under Sections 328/342/354 of the IPC, registered at P.S. Ashok Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Sh. Vikram, learned ASJ, Rohini Courts, Delhi. 2.

Learned counsel appearing on behalf of the petitioners submits that latter and respondent no. 2 were friends and on account of some misunderstanding the present FIR was registered. It is further submitted that investigation in the present FIR is complete and chargesheet has been filed and as per the same nothing incriminating has come on record in the FSL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

report. It is further submitted that during the pendency of the investigation in the present FIR, parties have settled their disputes vide 01.02.2024 in pursuance of which respondent no.2 has no objection if the present FIR is quashed against the petitioners.

3.

Petitioners 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 Vishal, PS Ashok Vihar. 4.

The complainant/respondent No.2 is present in person alongwith her parents and states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. It is further submitted that she is not under any pressure or coercion.

5.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 6.

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."

7.

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 the present FIR No. 365/2019, under Sections 328/342/354 of the IPC, registered at P.S. Ashok Vihar and all other consequential The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings emanating therefrom, including the chargesheet pending before the Court of Sh. Vikram, learned ASJ, Rohini Courts, Delhi. 8.

In the interest of justice, the petition is allowed, and the FIR No. 365/2019, under Sections 328/342/354 of the IPC, registered at P.S. Ashok Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Sh. Vikram, learned ASJ, Rohini Courts, Delhi, is hereby quashed. 9.

Petition is allowed and disposed of accordingly. 10.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 20, 2024/sn 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.