Hari Om & ANR. v. State -Gnctd & ORS.
$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1959/2022 HARI OM & ANR.
..... Petitioners Through:
Mr.Yudhishtar Kahol, Mr.Kunal Kahol, Mr.Deeapk Sharma, Advs.
versus STATE -GNCTD & ORS.
..... Respondents Through:
Ms.Priyanka Dalal, APP with SI Devender.
Respondent nos.2 and 3 in person through VC.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 21.03.2024 1.
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.210/2017 registered at Police Station: Alipur, North Delhi District, New Delhi, under Sections 420/448/467/468/471/406/506/120B/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings emanating therefrom, on the basis of a settlement. 2.
The learned counsel for the petitioners submits that the parties have amicably settled their inter se disputes with the intervention of the family members and have entered into a settlement/compromise deed dated 29.01.2020.
3.
The respondent nos.2 and 3, who are present virtually have been duly identified by the Investigating Officer (IO). They affirm the settlement and state that they have settled all the disputes with the petitioners of their own free will and without any coercion. They submit that they have no objection if the present FIR is quashed. It is further The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/03/2024 at 11:24:07
submitted that the inter se dispute(s) that has been filed has also been withdrawn.
4.
I have perused the contents of the FIR and also the settlement arrived at between the parties.
5.
Keeping in view the fact that disputes between the parties have been settled, 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 it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer. 6.
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.
7.
Accordingly, the petition is allowed. FIR No.210/2017 registered at Police Station: Alipur, North Delhi District, New Delhi, under Sections 420/448/467/468/471/406/506/120B/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are hereby quashed.
NAVIN CHAWLA, J MARCH 21, 2024/Arya/RP 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. The Order is downloaded from the DHC Server on 28/03/2024 at 11:24:07