Boby Kumar & ANR. v. State Of NCT Delhi & ANR.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3083/2024 & CRL.M.A. 11936/2024 BOBY KUMAR & ANR.

..... Petitioners Through:

Mr.Ashok, Mr.Duli Chand, Ms.Sakshi, Advs.

versus STATE OF NCT DELHI & ANR.

..... Respondents Through:

Mr.Shoaib Haider, APP with SI Rahul Tomar.

Mr.A.K.Kashyap, Mr.Neel Kumar Sharma, Advs. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 27.05.2024 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.0261/2020 registered at Police Station: Gandhi Nagar, ShahdaraDistrict, Delhi, under Sections 392/397/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

2.

Issue notice.

3.

Notice is accepted by Mr.Shoaib Haider, learned APP for the State and Mr.A.K.Kashyap, learned counsel for the respondent no.2. 4.

The learned counsel for the petitioners submits that the petitioners and the respondent no.2 are known to each other and infact the petitioner no.1 was the ex-employee of the complainant / The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent, and the dispute arose out of some petty issues between the parties which led to the registration of the above-mentioned FIR. 5.

He submits that the parties, that is, the petitioners and the respondent no.2 have amicably settled their inter se disputes and have entered into a settlement vide Settlement Deed dated 06.04.2024. 6.

The respondent no.2 is present in person in court and has been duly identified by the Investigating Officer (IO). The respondent no.2 affirms that she has settled all the disputes with the petitioners of her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed. 7.

I have perused the contents of the FIR, charge sheet and also the settlement 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, and also looking into the nature of the allegations made in the complaint, in my opinion, no useful purpose would be served in keeping the FIR alive. In fact, it would rather 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 under Section 482 of the Cr.P.C. to quash the FIR and all the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings emanating therefrom.

10.

Accordingly, the petition is allowed. FIR No.0261/2020 registered at Police Station: Gandhi Nagar, Shahdara-District, Delhi, under Sections 392/397/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. 11.

The pending application is also disposed of.

NAVIN CHAWLA, J MAY 27, 2024 RN/ss 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.