Atul Vohra v. State & ANR.
$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4346/2023& CRL.M.A. 16278/2023 ATUL VOHRA .....Petitioner Through:
Mr.
Gaurav Sharma, Advocate alongwith petitioner in person.
versus STATE & ANR.
.....Respondents Through:
Ms. Priyanka Dalal, APP for the State with ASI Om Prakash, P.S. Sarai Rohilla.
Mr. Chirag Sharma, Advocate for R-2 alongwith R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 19.03.2025 1.
This hearing has been done through hybrid mode. 2.
The present petition under Section 482 of the Cr.P.C. seeks quashing of FIR No. 175/2017, under Sections 323/506/509 of the IPC, registered at P.S. Sarai Rohilla and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Sh. Manuj Kaushal, learned Judicial Magistrate, First class-04, Central District, Tis Hazari Courts, Delhi.
3.
Learned counsel for the petitioner submits that the latter is brother-inlaw of respondent No. 2 and during the pendency of the present petition, the parties have arrived at a settlement, which is recorded before learned District Judge-13 in CS DJ No. 252/2019 in order dated 04.01.2025. It is submitted The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
that in pursuance of the same, respondent No. 2 has no objection, if the present FIR is quashed. The relevant portion of the said order in respect of the present FIR reads as under: - "3.
That it has also been agreed between the parties that the complainant Smt. Leena Vohra wife of plaintiff in the FIR No. 175/2017 PS Sarai Rohilla shall co-operate to make the submission before the Hon'ble High Court of Delhi on 21.01.2025 when the quashing petition is listed. That it has also been agreed between the parties that they shall cooperate with each other in all respect in making their submissions before the Hon'ble High Court of Delhi at the time of hearing of quashing petition of the FIR No. 175/2017 PS Sarai Rohilla under Sections 323/506/509 IPC." 4.
Petitioner and complainant/respondent No. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, ASI Om Prakash, P.S. Sarai Rohilla. 5.
Complainant/respondent No.2 states that the matter has been settled with the petitioner and she has no objection if the present FIR is quashed. She further states that all the terms of the settlement have been complied with. 6.
In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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. 175/2017, under Sections 323/506/509 of the IPC, registered at P.S. Sarai Rohilla and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Sh. Manuj Kaushal, learned Judicial Magistrate, First class-04, Central District, Tis Hazari Courts, Delhi.
9.
In the interest of justice, the petition is allowed, and the FIR No. 175/2017, under Sections 323/506/509 of the IPC, registered at P.S. Sarai Rohilla and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Sh. Manuj Kaushal, learned Judicial Magistrate, First class-04, Central District, Tis Hazari Courts, 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 MARCH 19, 2025/gs 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.