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High Court of DelhiCRL.M.C./3348/2024

Manju @ Pooja And Others v. State NCT Of Delhi And ANR.

2024-05-27Hon'Ble Mr. Justice Navin Chawla2 pages

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3348/2024 MANJU @ POOJA AND OTHERS ..... Petitioners Through:

Mr.Manoj Dhaiya, Mr.Nishant Mittal, Advs.

versus STATE NCT OF DELHI AND ANR.

..... Respondents Through:

Ms.Priyanka Dalal, APP with SI Narinder.

R-2/Complainant 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.0576/2021 registered at Police Station: Narela Industrial Area, Outer-North District, Delhi under Sections 420/406 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement. 2.

The learned counsel for the petitioners submits that the disputes between the parties arose out of business transaction which led to the registration of the above-mentioned FIR.

3.

He submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Settlement Deed dated 26.03.2024.

4.

The respondent no.2 is personally present in Court and has been duly identified by the Investigating Officer (IO) and she reaffirms the settlement and states that she has settled all the disputes with the petitioners out of her own free will and without any coercion. The The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/05/2024 at 12:10:40

respondent no.2 submits that she has no objection if the present FIR is quashed.

5.

I have perused the contents of the FIR and also the settlement between the parties.

6.

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, 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.

7.

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.

8.

Accordingly, the petition is allowed. FIR No.0576/2021 registered at Police Station: Narela Industrial Area, Outer-North District, Delhi under Sections 420/406 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed.

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. The Order is downloaded from the DHC Server on 30/05/2024 at 12:10:40