Sandeep Kumar v. State Of NCT Of Delhi & ANR.
$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2991/2024 SANDEEP KUMAR ..... Petitioner Through:
Mr.Deepanshu Rana, Mr.Deepak Shah, Ms.Tarannum, Mr.Harshit Shishodia, Mr.Vishal Chauhan, Advs. with petitioner.
versus STATE OF NCT OF DELHI & ANR.
..... Respondents Through:
Mr.Satinder Singh Bawa, APP with WSI Roveine H.
Mr.Prince Sugandh, Mr.Shivam Kumar, Advs. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 16.04.2024 CRL.M.A. 11496/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 2991/2024 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.139/2024 registered at Police Station: Shakarpur, District East, Delhi, under Sections 354/354B/354D/506 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
and by Mr.Prince Sugandh, the counsel for the respondent no.2. 5.
The learned counsel for the petitioner submits that petitioner and the respondent no.2, have amicably settled their inter se disputes and have executed a Compromise Deed dated 08.04.2024 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 she joins in the prayer of the petitioner, 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.
I have perused the contents of the FIR and also the settlement arrived at between the parties.
8.
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.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.
10.
Accordingly, the present petition is allowed. FIR No.139/2024 registered at Police Station: Shakarpur, District East, Delhi, under Sections 354/354B/354D/506 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner shall deposit costs of Rs.20,000/- with the Delhi High Court Bar Clerks' Association within a period of eight weeks from today, and file the proof of such deposit with the Registry of this Court and 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.