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High Court of DelhiCRL.M.C./3416/2024

Tushar Charan Alias Ujjawal v. The State Govt Of NCT Of Delhi And ANR

2024-05-01Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3416/2024 TUSHAR CHARAN ALIAS UJJAWAL ..... Petitioner Through:

Mr. V.S. Mishra, Advocate.

versus THE STATE GOVT OF NCT OF DELHI AND ANR ..... Respondents Through:

Mr. Digam Singh Dagar, APP for the State with SI Vishal, P.S.: Patel Nagar.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 01.05.2024 CRL.M.A. 13138/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 3416/2024 3.

The present writ petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of the petitioner seeking quashing of case arising out of FIR bearing no. 0089/2021, registered at Police Station Patel Nagar, for offences punishable under Sections 354(D)/506/509/354A of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom. 4.

Issue notice. Mr. Digam Singh Dagar, learned APP accepts notice on behalf of the State.

5.

Brief facts of the case are, that on 30.03.2021, on the complaint of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no. 2, FIR No. 0089/2021 got registered at Police Station Patel Nagar. Thereafter, the petitioner got police bail and the charge-sheet of the said FIR was filed. It is stated that on 18.01.2022, the disputes between the petitioner and respondent no. 2 were settled and they both started living together with each other in a live-in relationship. It is further stated that on 29.04.2024, a settlement deed was executed between the petitioner and respondent no. 2 regarding quashing of the said FIR. Hence, the present petition has been filed.

6.

The petitioner is present before this Court today, and has been identified by his counsel and the concerned Investigating Officer. 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 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 vide Settlement Deed dated 29.04.2024 entered into between them.

8.

Today, the complainant, who is present in Court states that the said FIR was registered under family pressure. She further states that the petitioner had tendered an apology, and since 2022 the parties are in a livein relationship, with her own willingness. She further 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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

There is no legal impediment in quashing the FIR in question. 10.

Accordingly, FIR bearing No. 0089/2021, registered at Police Station Patel Nagar, for offences punishable under Sections 354(D)/506/509/354A of the IPC and all consequential proceedings emanating therefrom are quashed 11.

The petition stands disposed of.

12.

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