Deshraj & ORS. v. State NCT Of Delhi And ANR
$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3108/2024 DESHRAJ & ORS.
..... Petitioners Through:
Mr.Rakesh, Adv.
versus STATE NCT OF DELHI AND ANR ..... Respondents Through:
Ms.Priyanka Dalal, APP with SI Prabhash.
Mr.Surender Nagpal, Adv. for R-2 along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 24.04.2024 CRL.M.A. 12034/2024(exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 3108/2024 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.115/2021 registered at Police Station: Burari, for offence under Sections 420/468/471/120B of the Indian Penal Code, 1860 (in short, 'IPC') (later Section 467 was also added in the chargesheet), along with all other proceedings arising therefrom, on the basis of a settlement.
3.
Issue notice.
4.
Notice is accepted by Ms. Priyanka Dalal, learned APP for the State, and by Mr.Surender Nagpal, learned counsel for the respondent no.2.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
The learned counsel for the petitioners submits that the disputes between the parties arose out of some petty issues. He submits that the parties have amicably settled their inter se disputes. 6.
The respondent no.2 is personally present in Court and has been duly identified by the Investigating Officer (IO) and he reaffirms the settlement and states that he has settled all the disputes with the petitioners out of his own free will and without any coercion. The respondent no.2 submits that he has 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.
The charge-sheet has also been filed. Keeping in view the fact that the respondent no.2 does not wish to pursue his 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 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.
10.
Accordingly, the petition is allowed. FIR No.115/2021 registered at Police Station:
Burari, under Sections 420/471/467/468/120B 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.25,000/- (each) with, "Prayas Juvenile Aid Centre" Yes Bank Ltd., Ground Floor, Plot No.M-31A, M-Block Market, Greater Kailash-II, New Delhi110048, Savings Account No.013694600000136, IFSC CodeYESB0000386, within a period of four weeks from today, and shall 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 24, 2024 RN/RP 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.