Nitin And Others v. The State And Others

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3286/2024 & CRL.M.A. 12671/2024 (Stay) NITIN AND OTHERS ..... Petitioners Through:

Mr. Dilip Kumar Singh, Advocate with petitioners in-person.

versus THE STATE AND OTHERS ..... Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State with S.I. Sudhir Dahiya, P.S.

Aman Vihar.

Mr. Shashikant Mishra, Advocate for R-2 to R-4.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 20.05.2024 1.

The present petition under Section 482 Cr.P.C. seeks quashing of FIR No. 594/2019, under Sections 323/307/34 IPC, registered at P.S. Aman Vihar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Mr. Rajinder Kumar, learned Additional Sessions Judge, Rohini Court, Delhi. 2.

Learned counsel for the petitioners submits that the present FIR was registered by respondent no. 2 to 4 on account of a dispute of trivial nature. 3.

During the pendency of the aforesaid proceedings, the parties have now settled their disputes with the intervention of family members vide settlement deed dated 05.03.2024. The copy of the aforesaid compromise deed dated 05.03.2024 is on record (Annexure P-2). The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Petitioners and complainant/respondent no. 2 as well as respondent no. 3 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, S.I. Sudhir Dahiya, P.S: Aman Vihar.

5.

Respondent no. 2 to 4 state that the matter has been settled with the petitioners and they have no objection if the FIR is quashed. 6.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. It is pointed out that the present FIR is pending before the learned Trial Court at the stage of consideration on point of charge.

7.

In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon‟ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

8.

In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 594/2019, under Sections 323/307/34 IPC, registered at P.S. Aman Vihar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Mr. Rajinder Kumar, learned Additional Sessions Judge, Rohini Court, Delhi.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

In the interest of justice, the petition is allowed, and the FIR No. 594/2019, under Sections 323/307/34 IPC, registered at P.S. Aman Vihar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Mr. Rajinder Kumar, learned Additional Sessions Judge, Rohini Court, Delhi, is hereby quashed. 10.

Petition is allowed and disposed of accordingly. 11.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 20, 2024/ab 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.