Ritesh Khanna & ANR. v. State Of NCT Of Delhi & ANR.

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3397/2024& CRL.M.A. 13059/2024 RITESH KHANNA & ANR.

..... Petitioners Through:

Mr.

Firoz Ahmad, Advocate alongwith petitioners in person versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State with Mr. M.K. Anand, Ms.

Garima, Mr. Aman Arora, Advocates and SI Piyush, P.S. Anand Vihar Respondent no. 2 in person

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 01.05.2024 CRL.M.A. 13269/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 3397/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of petitioners seeking quashing of FIR bearing no. 325/2018, registered at Police Station Anand Vihar, Delhi for offence punishable under Sections 323/325/506/427/354/34 of the Indian Penal Code, 1860 („IPC‟) and subsequent proceedings arising therefrom.

4.

Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of State.

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

5.

Petitioners are present before this Court and have been identified by their counsel Mr. Firoz Ahmad and Investigating Officer (IO) SI Piyush from Police Station Anand Vihar, Delhi.

6.

Brief facts of the present case are that due to some dispute related to parking of vehicle, an altercation occurred between petitioners and respondent no. 2 which was reported to police by respondent no. 2. Subsequently, an FIR bearing no. 325/2018 was registered at Police Station Anand Vihar, Delhi, for the offences punishable under Sections 323/325/506/427/354/34 of IPC against petitioners. It is stated that during the pendency of the case, a settlement has been arrived at between the parties.

7.

On a query made by this Court, respondent no. 2, who has been identified by the IO, has categorically stated that she has entered into a compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties.

8.

Today, the complainant/respondent no. 2 who is present in Court states that she has no objection, if the FIR is quashed. 9.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 10.

Accordingly, FIR bearing no. 325/2018, registered at Police Station Anand Vihar, Delhi for offences punishable under Sections The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

323/325/506/427/354/34 of IPC and subsequent proceedings emanating therefrom are quashed, subject to petitioners depositing cost of Rs. 10,000/- each with Advocates Welfare Fund, Karkardooma Court, Delhi within ten days and receipt of the same be filed before the Registry. 11.

In view of above, the present petition stands disposed of. 12.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 1, 2024/ns 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.