Sh. Ram Preet Kumar Chaudhary @ Sonu & ANR. v. The State Govt Of NCT Of Delhi And ANR
$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3167/2024 SH. RAM PREET KUMAR CHAUDHARY @ SONU & ANR.
..... Petitioners Through:
Ms.Reema Singh, Mr.Ritwik Tyagi, Ms.Supriya Jain, Advs.
with petitioners in person.
versus THE STATE GOVT OF NCT OF DELHI AND ANR ..... Respondents Through:
Mr.Satinder Singh Bawa, APP SI Lal Chand.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 02.05.2024 1.
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.107/2015 registered at Police Station: Vasant Kunj, South Delhi, under Sections 354/509/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, based on a settlement.
2.
Issue Notice.
3.
Notice is accepted by Mr.Satinder Singh Bawa, learned APP and by respondent no.2, who is present in person. 4.
The learned counsel for the petitioners submits that the present FIR has been registered due to some misunderstanding between the petitioner no.1 and the respondent no. 2. She submits that now, the parties, that is, the petitioners and the respondent no.2, have amicably The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
settled their inter se disputes and executed a Settlement Deed dated 21.02.2023 and pursuant to the same, the complainant/respondent no.2 has filed her affidavit giving her consent for quashing of the abovementioned FIR.
5.
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. 6.
I have perused the contents of the FIR and also the settlement arrived at between the parties.
7.
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.
8.
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 under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
Accordingly, the present petition is allowed. FIR No.107/2015 registered at Police Station: Vasant Kunj, South Delhi, under Sections 354/509/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the petitioners paying costs of Rs.30,000/- each, out of which a sum of Rs.20,000/- by each petitioner shall be paid to the respondent no.2 electronically, within a period of four weeks from today, into her bank account, details of which are as under:
Name of the Bank Punjab National Bank Branch Mahipalpur, New Delhi Account No.
0029100100000418 RTGS/NEFT IFS CODE PUNB0002910 10.
The remaining amount of Rs.10,000/- to be deposited by each petitioner, shall be deposited with the 'Delhi State Legal Services Authority' within a period of four weeks thereafter, and they shall also file proof of deposit of the abovementioned amounts with the respondent no.2 as also the Delhi State Legal Services Authority, with the Registry of this Court and also supply a copy thereof to the IO, within the said period(s).
11.
The costs so deposited with the Delhi State Legal Services Authority shall be utilised by it for providing support to the Acid Attack victims requiring such assistance.
NAVIN CHAWLA, J MAY 2, 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.