Sh Arun Sureka Alies Neetu & ORS. v. The State Govt. Of NCT Of Delhi And ANR.
$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2954/2024 SH ARUN SUREKA ALIES NEETU & ORS ...... Petitioners Through:
Mr.Anupam Jindal, Mr.Sandeep Ojha, Advs. with petitioners versus THE STATE GOVT. OF NCT OF DELHI AND ANR.
..... Respondents Through:
Mr.Satinder Singh Bawa, APP with SI Vinay.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 16.04.2024 CRL.M.A. 11322/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 2954/2024 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.0284/2019 registered at Police Station: Laxmi Nagar, Delhi, under Sections 354/323/342/506/509/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, based on a settlement.
3.
Issue Notice.
4.
Notice is accepted by Mr.Satinder Singh Bawa, learned APP and by respondent no.2, who is present in person. 5.
The learned counsel for the petitioners submits that petitioner no.1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
and the respondent no. 2 were in a relationship and owing to some misunderstanding disputes arose between them. He submits that the parties, that is, the petitioners and the respondent no.2, have amicably settled their inter se disputes before the Delhi Mediation Centre, Karkardooma Courts, Delhi and executed a Settlement Deed dated 07.10.2023 and pursuant to the same, the complainant/respondent no.2 has filed her affidavit giving her consent for quashing of the abovementioned FIR.
6.
The respondent no.2, who is personally present in Court and has been duly identified by the Investigating Officer (IO), does not oppose the present petition, and joins in the prayer of the petitioners, and states that she does not have any objection if the FIR and the proceedings emanating therefrom are quashed. She submits that she is making this statement out of her own free will and without any coercion. 7.
In pursuance of the settlement arrived at between the parties, the petitioners have handed over a Demand Draft of Rs.1,00,000/- to the respondent no.2 in Court.
8.
I have perused the contents of the FIR and also the settlement arrived at between the parties.
9.
Keeping in view the fact that the respondent no.2 does not wish to pursue her 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.
10.
Guided by the principles enunciated by the Supreme Court in its The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.
11.
Accordingly, the present petition is allowed. FIR No.0284/2019 registered at Police Station: Laxmi Nagar, Delhi, under Sections 354/323/342/506/509/34 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.50,000/- each with the 'Delhi High Court Staff Welfare Fund [UCO Bank; Delhi High Court; A/C 15530110074442; IFSC: UCBA0001553], within a period of four weeks from today and they shall also file proof thereof with the Registry of this Court and also supply a copy thereof to the IO, within the said period.
NAVIN CHAWLA, J APRIL 16, 2024 /Arya/am 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.