Surinder Pal Singh v. State And ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1719/2023 SURINDER PAL SINGH .....Petitioner Through:
Mr. Prince, Mr. Aadtiya & Ms. Ritu Kumari, Advocates with petitioner in person.
versus STATE AND ANR .....Respondents Through:
Mr. Amol Sinha, ASC, Crl. for State.
S.I. Vikash, PS Naraina, Delhi.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 21.08.2024 1.
The present Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the petitioner seeking to quash the FIR No. 0089/2023 registered under Sections 323/506/509 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Naraina, Delhi. 2.
Brief facts of the case are that on 21.05.2022, the petitioner, who is the friend of respondent No. 2, abused her and gave beatings to her near Naraina flyover. Also, the petitioner took pictures and videos of respondent No. 2 and also sent some of the pictures and videos to her husband. 3.
It is further submitted that on the complaint of respondent No. 2, an FIR bearing No. 0089/2023 under Sections 323/506/509 of the IPC, 1860 got registered at Police Station Naraina, Delhi. 4.
It is also submitted that with the intervention of common friends, the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
parties have settled all the disputes and differences between them vide Settlement Deed dated 29.05.2023 which inter alia states that: - (i) That both the parties undertake that they shall not file, initiate any civil, criminal case against each other in future, (ii) That the respondent No. 2 undertakes not to pursue the present FIR, (iii) That both the parties shall file a joint petition for quashing of FIR and the respondent No. 2 shall cooperate the petitioner in getting the FIR quashed, (iv) That the parties shall remain bound by the terms of the present Settlement.
5.
In view of the Settlement Deed dated 29.05.2023, the present petition has been filed.
6.
It is submitted that the petitioner and the respondent No. 2 have the shop in the same market and due to some fight, the present FIR got registered.
7.
The petitioner and the respondent No. 2 are present in person in the Court today, and they have been identified by their counsel and Investigating Officer concerned.
8.
The parties have submitted that all the disputes have been amicably settled vide Settlement Deed dated 29.05.2023 and thus, no fruitful purpose will be served in continuing with the FIR.
9.
The present petition has been signed by the petitioner and is supported by the affidavits of petitioner and the respondent No. 2. The parties have endorsed and reaffirmed the terms of the settlement and they also submit that the said settlement has been arrived at between the parties without any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
pressure and coercion.
10.
Today, the complainant/respondent No. 2, who is present in person in the Court, states that she has settled all the disputes with the petitioner and has no objection if the FIR is quashed.
11.
In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
12.
Moreover, there is no legal impediment in quashing the FIR in question.
13.
Accordingly, without prejudice to the rights of the minor child, the FIR bearing No. 0089/2023 registered at Police Station Naraina, Delhi, for offences punishable under Sections 323/506/509 of IPC, 1860 and all consequential proceedings emanating therefrom are quashed. 14.
The petition stands disposed of.
NEENA BANSAL KRISHNA, J AUGUST 21, 2024 S.Sharma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.