Budhi Sagar Sharma v. State Govt. Of NCT Of Delhi

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2807/2024 BUDHI SAGAR SHARMA ..... Petitioner Through:

Mr. Amit Lamba, Mr. Shashank Sharma, Mr. Mahesh Sharma, Mr.

Mayank Yadav & Mr. Parth Arya, Advocates.

versus STATE GOVT. OF NCT OF DELHI ..... Respondent Through:

Mr. Hemant Mehla, APP for the State with SI Kamal Kant, P.S.

Kapashera.

Mr. Masood Hussain & Mr. Arjun Handa, Advocates for R-2 alongwith R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 08.04.2024 CRL.M.A. 10668/2024 (Exemption) 1.

Exemption allowed, subject to just exceptions. 2.

The application is accordingly disposed of.

CRL.M.C. 2807/2024 3.

The present petition under Section 482 of the Cr.P.C. seeks quashing of FIR No. 482/2018, under Sections 354(A)/509 of the IPC, registered at P.S. Kapashera, and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Vaishali Singh, learned Metropolitan Magistrate, South-West, Dwarka Courts, Delhi.

4.

Learned counsel appearing on behalf of the petitioner submits that the latter is the uncle of complainant/respondent no. 2's brother's wife and on account of matrimonial dispute between respondent no. 2's brother and his wife, the present FIR was registered. It is further submitted that during the pendency of the aforesaid proceedings, with the intervention of common friends and relatives, the parties have arrived at a settlement vide settlement agreement dated 01.03.2023 (Annexure P-3). In pursuance thereof, respondent no. 2 has no objection, if the present FIR and subsequent chargesheet are quashed.

5.

Petitioner 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 Kamal Kant, P.S. Kapashera. 6.

The complainant/respondent no.2 states that the matter has been settled with the petitioner and she has no objection if the FIR is quashed. 7.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 8.

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

affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

9.

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. 482/2018, under Sections 354(A)/509 of the IPC, registered at P.S. Kapashera, and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Vaishali Singh, learned Metropolitan Magistrate, SouthWest, Dwarka Courts, Delhi. 10.

In the interest of justice, the petition is allowed, and the FIR No. 482/2018, under Sections 354(A)/509 of the IPC, registered at P.S. Kapashera, and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Vaishali Singh, learned Metropolitan Magistrate, South-West, Dwarka Courts, Delhi, is hereby quashed.

11.

Petition is allowed and disposed of accordingly. 12.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J APRIL 08, 2024/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.