Gunjan v. The State Govt. Of NCT Of Delhi And ANR.

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3514/2024 GUNJAN ..... Petitioner Through:

Mr. S.Firoz, Advocate with petitioner in person.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State.

ASI Subhash Chand, PS Badarpur.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 03.05.2024 1.

The present petition filed under Section 482 of the Cr.P.C. seeks quashing of the FIR No. 509/2020, under Sections 279/337 of the IPC, registered at P.S. Badarpur.

2.

Learned counsel appearing on behalf of the petitioner submits that during the investigation of the aforesaid FIR, parties have mutually resolved their disputes by way of an oral settlement in pursuance of which respondent no. 2 has no objection if the present FIR is quashed. It is further submitted that petitioner has paid a sum of Rs. 50,000/- to respondent no. 2/complainant as compensation. It is pointed out that an affidavit, dated 24.04.2024, of the respondent no. 2/complainant has been placed on record whereby he has stated that he has no objection to the quashing of the present FIR and has entered into settlement with petitioner out of his free will and without any coercion, undue influence or pressure from any person. 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 08/05/2024 at 12:37:44

3.

Petitioner and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer, ASI Subhash Chand, PS Badarpur.

4.

The complainant/respondent no.2 states that the matter has been settled with the petitioner and he has no objection if the FIR is quashed. He further states that he has received the aforesaid amount. 5.

Learned APP for the State submits that investigation in the present FIR is not complete and chargesheet has not been filed. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed.

6.

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 criminal proceeding."

7.

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. 509/2020, under Sections 279/337 of the IPC, registered at P.S. Badarpur.

8.

In the interest of justice, the petition is allowed, and the FIR No. 509/2020, under Sections 279/337 of the IPC, registered at P.S. Badarpur, is hereby quashed.

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 08/05/2024 at 12:37:45

9.

Petition is allowed and disposed of accordingly. 10.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 03, 2024/sn 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 08/05/2024 at 12:37:45