Rahul & ANR. v. The State Of Govt Of Delhi & ANR.
$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2592/2024 RAHUL & ANR.
..... Petitioners Through:
Mr. M.K. Perwez, Adv.
versus THE STATE OF GOVT OF DELHI & ANR.
..... Respondents Through:
Mr. Hitesh Vali, APP for State with SI Sudhir Dahiya, PS. Aman Vihar.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN % 02.04.2024
O R D E R
CRL.M.A. 9888/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.C. 2592/2024 3.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.111/2021 under Sections 341/354/354(A)/354(B)/506/509/34 IPC registered at Police Station Aman Vihar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 4.
Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a scuffle and the parties are related to each other and have arrived at a settlement, the State has no objection in case the FIR in question is quashed.
5.
The petitioner nos.1 and 2, as well as, the respondent no. 2 are present The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
in the Court and they have been identified by their respective counsel and by the Investigating Officer SI Sudhir Dahiya, PS. Aman Vihar. 6.
The brief facts of the case are that on 24.02.2021, a quarrel took place between the brother of the petitioner no.1 and sister of respondent no.2, who are husband and wife, when the respondent no.2 tried to intervene, the petitioner misbehaved with her. This led to the filing of a complaint by the respondent no.2 which culminated into registration of present FIR. 7.
During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of Compromise Deed dated 14.03.2024, which is annexed as Annexure P-4 to the present petition.
8.
The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.
9.
At this stage, apt would it be to refer to the observations of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor."
10.
In view of the settlement between the parties, the ultimate chances of conviction in the case are bleak, therefore, continuation of criminal proceedings will not serve any useful purpose and it will be an exercise in futility.
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11.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 12.
Consequently, the petition is allowed and the FIR No.111/2021 under Sections 341/354/354(A)/354(B)/506/509/34 IPC registered at Police Station Aman Vihar alongwith all other proceedings emanating therefrom, is quashed.
13.
The petition stands disposed of in the above terms. 14.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J APRIL 2, 2024/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.