Iknam Singh Bath & ANR. v. State Of NCT Of Delhi & ORS.

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3181/2024 IKNAM SINGH BATH & ANR.

..... Petitioners Through:

Mr.Dhruv Sachdeva, Adv.

along with petitioners in person.

versus STATE OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr.Aman Usman, APP with SI Jyoti Respondent nos.2 and 3 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 25.04.2024 CRL.M.A. 12266/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 3181/2024 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.0111/2019 registered at Police Station: Sector-23, Dwarka, New Delhi under Sections 420/406/120B of the Indian Penal Code, 1860 (in short, 'IPC') along with all other proceedings emanating therefrom. 3.

Issue notice.

4.

Notice is accepted by Mr.Aman Usman, learned APP and by the respondent nos.2 and 3, who are present in person. 5.

The learned counsel for the petitioners submits that the disputes between the parties arose out of a misunderstanding and now the parties, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

that is, the petitioners and the respondent nos.2 and 3 have amicably settled their inter se disputes and have executed a settlement vide Settlement Agreement dated 16.04.2024.

6.

The respondent nos.2 and 3, who are present in Court and have been duly identified by the Investigating Officer (IO), do not oppose the present petition and reaffirm that the disputes have been amicably settled out of their own free will and without any coercion, and submit that they have 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 disputes have been amicably settled between the petitioners and the respondent nos.2 and 3 and the respondent nos.2 and 3 do not wish to pursue their complaint any further, I find that no useful purpose will be served in continuing with the proceedings of the above FIR; it would rather create further acrimony between the parties and would 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; State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335 and Gian Singh v. State of Punjab, (2012) 10 SCC 303, 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. Consequently, FIR No.0111/2019 registered at Police Station: Sector-23, Dwarka, New The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Delhi under Sections 420/406/120B 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.1,00,000/-, either jointly or severally with the "NDBA Members Welfare Fund" [Account No.18580110013847], within a period of four weeks from today, and file 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 25, 2024/ns/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.