Shri Aadarsh @ Sonu & ORS. v. State Of Delhi & ANR.
$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1146/2024 SHRI AADARSH @ SONU & ORS.
..... Petitioners Through:
Mr.Sachin Dev Sharma, Mr.Vishnu Dutt Sharma & Mr.Shailendra Kumar Lal, Advs.
Petitioners present in person.
versus STATE OF DELHI & ANR.
..... Respondents Through:
Ms.Rupali Bandhopadhya, ASC (Crl.) SI Sachin & ASI Pawan Kumar.
Respondent no.2 present in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 10.04.2024 CRL.M.A. 11055/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
W.P.(CRL) 1146/2024 2.
This petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No. 138/2024 registered at Police Station: Alipur, Outer North District, Delhi under Sections 365/323/506/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, 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 16/04/2024 at 12:07:33
on the basis of a settlement.
3.
Issue notice.
4.
Notice is accepted by Ms.Rupali Bandhopadhya, learned ASC (Crl.) on behalf of the State.
5.
The learned counsel for the petitioners submits that the parties are neighbours and well-known to each other. He submits that the disputes arose out of some misunderstandings and petty issues between the parties. He submits that the parties have amicably settled their inter se disputes and have entered into a Settlement Agreement dated 19.03.2024.
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 parties are neighbours and 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. 9.
Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; 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 16/04/2024 at 12:07:33
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. 138/2024 registered at Police Station: Alipur, Outer North District, Delhi under Sections 365/323/506/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners shall deposit costs of Rs.5,000/- (each), jointly or severally, with 'Delhi High Court Bar Clerk's Association' within a period of two weeks from today, and file a proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, within the said period.
NAVIN CHAWLA, J APRIL 10, 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. The Order is downloaded from the DHC Server on 16/04/2024 at 12:07:34