Hitesh Gahlot v. State Gnct Of Delhi And ANR
$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3630/2024 HITESH GAHLOT ..... Petitioner Through:
Mr.Dhruv Rohatgi, Ms.Shruti Biswar & Mr.Devadathan, Advs. along with the petitioner.
versus STATE GNCT OF DELHI AND ANR ..... Respondents Through:
Mr.Satinder Singh Bawa, APP.
SI Rohit, PS Vasant Kunj.
Respondent no.2 present in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 07.05.2024 CRL.M.A. 13909/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 3630/2024 2.
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.1171/2014 registered at Police Station: Vasant Kunj North, South-District, Delhi under Sections 506/509/34 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.
4.
Notice is accepted by Mr.Satinder Singh Bawa, learned APP. 5.
The learned counsel for the petitioner submits that the parties The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
are neighbours and well-known to each other. He submits that the disputes arose out of some misunderstandings and petty issues between the parties. He submits that the parties, that is, the petitioner and respondent no.2 have amicably settled their inter se disputes and have entered into a Settlement Agreement dated 15.06.2023. 6.
The petitioner, who is present in person in court, hands over a cheque of a sum of Rs.9,00,000/- (Rupees Nine Lakhs Only) to the respondent no.2. He undertakes before this Court that the cheque, upon presentation, shall be duly honoured.
7.
The respondent no.2 is personally present in Court and has been duly identified by the Investigating Officer (IO). She reaffirms the settlement and states that she has settled all the disputes with the petitioner out of her own free will and without any coercion. The respondent no.2 submits that she 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 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. 10.
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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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. FIR No.1171/2014 registered at Police Station: Vasant Kunj North, South-District, Delhi under Sections 506/509/34 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner shall deposit costs of Rs.1,00,000/- with the "Blind Relief Association, Delhi, State Bank of India, IOC Branch, Lodhi Road, New Delhi, Account No.30003044419, IFSC Code: SBIN0006564" within a period of four (4) weeks from today, and file a 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 7, 2024/rv/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.