Kanhaiya Lal Sharma @Vishal & ORS. v. The State Govt. Of NCT Of Delhi & ANR.

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2923/2024 KANHAIYA LAL SHARMA @VISHAL & ORS. ..... Petitioners Through:

Mr. Shivam Pal, Advocate along with petitioners.

versus THE STATE GOVT. OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Digam Singh Dagar, APP for the State with SI Pankaj Kumar, P.S.

Jyoti Nagar.

Mr. Dharan Rana, Advocate for R-2 along with R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 15.04.2024 CRL.M.A. 11169/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 2923/2024 3.

The present petition under Section 482 of Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioners seeking quashing of FIR bearing No.255/2017, registered at Police Station Jyoti Nagar, Delhi for the offences punishable under Sections 452/323/509/506/34 of Indian Penal Code, 1860 and subsequent 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.

4.

Issue notice. Mr. Digam Singh Dagar, learned APP accepts notice on behalf of State.

5.

All the petitioners are present before this Court and have been identified by their counsel Mr. Shivam Pal and Investigating Officer (IO) SI Pankaj Kumar Police Station Jyoti Nagar, Delhi. 6.

Briefly stated, the facts of the case are that on 14.11.2015, a dispute had taken place between petitioners and respondent no. 2. On the complaint of respondent no. 2, the present FIR bearing no. 255/2017 was registered at Police Station Jyoti Nagar, Delhi for the offences punishable under Sections 452/323/509/506/34 of IPC against the petitioners. It is stated that both the parties have amicably settled all their disputes vide Settlement Deed dated 23.08.2023.

7.

On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties vide Settlement Deed dated 23.08.2023. 8.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 9.

Accordingly, FIR bearing No.255/2017, registered at Police Station Jyoti Nagar, Delhi for the offences punishable under Sections The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

452/323/509/506/34 of IPC and all consequential proceedings emanating therefrom are quashed.

10.

The petition stands disposed of.

11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J APRIL 15, 2024/zp 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.