Smt Sanno & ANR. v. State (NCT) Of Delhi & ANR.
$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1352/2024 SMT SANNO & ANR.
..... Petitioners Through:
Mr.Akash Vajpai and Ms.Shweta Shandilya, Advs.
versus STATE (NCT) OF DELHI & ANR.
..... Respondents Through:
Mr.Anand V. Khatri, ASC (Crl.) with SI Ravi Poonia Mr.Javed Ali, Mr.Abbas Khan, Ms.Farheen Jahan and Mr.Mabil Khan, Advs. for R-2 along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 02.05.2024 CRL.M.A. 13284/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
W.P.(CRL) 1352/2024 2.
This petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.401/2023 registered at Police Station: Dayalpur, North-East District, Delhi under Sections 323/341/506/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.
3.
Issue notice.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Notice is accepted by Mr.Anand V. Khatri, learned Additional Standing Counsel (Crl.) for the respondent no.1 and by Mr.Javed Ali, learned Advocate for the respondent no.2.
5.
The petitioners and the respondent no.2 are next-door neighbours and the disputes arose out of some petty issues between the parties, which led to the filing of the above FIR. 6.
The learned counsel for the petitioners submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Settlement/Compromise Deed dated 29.02.2024. 7.
The respondent no.2 is personally present in Court and has been duly identified by the Investigating Officer ('IO'). He reaffirms the abovementioned settlement and states that he has settled all the disputes with the petitioners out of his own free will and without any coercion. The respondent no.2 submits that he has no objection if the present FIR is quashed.
8.
I have perused the contents of the FIR and also the settlement between the parties.
9.
Keeping in view the fact that the parties are neighbours and that the disputes have been amicably settled between the parties and the respondent no.2 does not wish to pursue his complaint any further, 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.
10.
Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.
11.
Accordingly, the petition is allowed. Consequently, FIR No.401/2023 registered at Police Station: Dayalpur, North-East District, Delhi under Sections 323/341/506/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners shall deposit costs of Rs.10,000/- each with the "NAB India Centre for Blind Women & Disability Studies", Account No.1150350, RBL Bank Limited, Barakhamba, New Delhi, IFSC-RATN0000100", within a period of four weeks from today, and file proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, within the said period.
NAVIN CHAWLA, J MAY 2, 2024/ns/AS 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.