Sh. Zamir Ansari & ANR. v. The State Govt. Of NCT Of Delhi
$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3239/2023&CRL.M.A. 9028/2024 SH. ZAMIR ANSARI & ANR.
.....Petitioners Through:
Mr. Faiz Imam and Ms. Rajiya Sultan, Advocates alongwith Petitioner in person.
versus THE STATE GOVT. OF NCT OF DELHI .....Respondent Through:
Mr. Ajay Vikram Singh, APP for the State with SI Pardeep, P.S. Mehrauli.
Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 13.02.2025 1.
This hearing has been done through hybrid mode. 2.
The present petition filed under Section 482 of the Cr.P.C. has been filed seeking quashing of FIR No.
76/2017, under Sections 354/354B/506/323/34 of the IPC, registered at P.S. Mehrauli and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Vinerjeet Kaur, Judicial Magistrate-First Class, Mahila Court-03, South, Saket Courts, Delhi. 3.
Learned counsel appearing on behalf of petitioners submits that the present FIR was registered at the instance of respondent No. 2, who was the sister-in-law of the present petitioners (ex-wife of their older brother). It is further submitted that during the pendency of the proceedings, the parties have The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
orally settled their disputes with the intervention of the friends and relatives. An affidavit dated 18.04.2023 with regard to the same has been filed on behalf of respondent No. 2 stating that she has settled the disputes with the petitioners out of her own free will and without any pressure, coercion or undue influence from any other person and she has no objection if the present FIR along with consequential proceedings is quashed.
4.
Petitioners and complainant/respondent No. 2 are present before this Court and have been duly identified by the Investigating Officer, S.I. Pardeep, P.S: Mehrauli.
5.
The complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. 6.
In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 7.
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."
8.
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. 76/2017, under Sections 354/354B/506/323/34 of the IPC, registered at P.S. Mehrauli and all other consequential proceedings The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
emanating therefrom, including the chargesheet pending before the Court of Ms. Vinerjeet Kaur, Judicial Magistrate-First Class, Mahila Court-03, South, Saket Courts, Delhi.
9.
In the interest of justice, the petition is allowed, and FIR No. 76/2017, under Sections 354/354B/506/323/34 of the IPC, registered at P.S. Mehrauli and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Vinerjeet Kaur, Judicial Magistrate-First Class, Mahila Court-03, South, Saket Courts, Delhi, is hereby quashed.
10.
Petition is allowed and disposed of accordingly. 11.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J FEBRUARY 13, 2025/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.