Gurudev Paswan & ANR. v. State Of NCT Of Delhi & ANR.

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2646/2024 GURUDEV PASWAN & ANR.

..... Petitioners Through:

Mr.Dhanesh Relan, Mr.

Arindam Dey, Mr.Aditya Pandey, Mr.Jatin Bhatia & Mr.Akshay Suneja, Advs.

Petitioners present in person.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr.Shoaib Haider, APP.

SI Ashok, PS Vasant Kunj, South.

Respondent no.2 present in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 03.04.2024 CRL.M.A. 10065/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 2646/2024 2.

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. 63/2019 registered at Police Station: Vasant Kunj South, South-West District, Delhi under Sections 323/341/289/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement. 3.

Issue notice.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Notice is accepted by Mr.Shoaib Haider, learned APP on behalf of the State.

5.

The learned counsel for the petitioners submits that the disputes between the parties arose when the respondent no.2 entered the property of the petitioners without permission and the watchdogs on duty pounced upon him which caused some petty issues between the parties and led to the filing of the present FIR and a complaint by the petitioners also, against the respondent no.2 herein. He submits that the petitioners also came out and tried to rescue/help the respondent no.2 during the alleged incident. He submits that the parties have, now, amicably settled their inter se disputes and have entered into a Compromise Deed dated 22.02.2024.

6.

The respondent no.2 is personally present in Court and has been duly identified by the Investigating Officer (IO). He reaffirms the settlement and states that he has settled all the disputes with the petitioners out of his own free will and without any coercion. The respondent no.2 submits that he has no objection if the present FIR is quashed.

7.

I have perused the contents of the FIR and also the settlement between the parties.

8.

Keeping in view the fact that the respondent no.2 does not wish to pursue his complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as it would create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

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.

10.

Accordingly, the petition is allowed. FIR No. 63/2019 registered at Police Station: Vasant Kunj South, South-West District, Delhi under Sections 323/341/289/34 of IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J APRIL 3, 2024/rv/AS 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.