Saddam & ORS. v. State Gnct Of Delhi And ANR

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3680/2024 SADDAM & ORS. ..... Petitioners Through:

Mr.Tarun Gautam, Adv. along with the petitioners present in person.

versus STATE GNCT OF DELHI AND ANR ..... Respondents Through:

Mr.Shoaib Haider, APP.

SI Neeraj Chala, PS Seelampur.

Respondent no.2 present in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 08.05.2024 CRL.M.A. 14107/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 3680/2024 1.

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. 740/2017 registered at Police Station: Seelampur under Sections 365/366/354/354C/384/506/120B of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

2.

Issue notice.

3.

Notice is accepted by Mr.Shoaib Haider, learned APP, and respondent no.2 who is present in person.

4.

The learned counsel for the petitioner submits that the parties are neighbours and well-known to each other. He submits that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

disputes arose out of some misunderstandings and petty issues between the parties. He submits that the parties have amicably settled their inter se disputes and have entered into a Settlement Deed/Memorandum of Understanding dated 19.04.2024. 5.

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 petitioners 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.

6.

I have perused the contents of the FIR and also the settlement between the parties.

7.

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. 8.

Guided by the principles enunciated by the Supreme Court in its judgments in Kapil Gupta v. State (NCT of Delhi) 2022 SCC OnLine SC 1030; Gian Singh v. State of Punjab, (2012) 10 SCC 303; 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings emanating therefrom.

9.

Accordingly, the petition is allowed. FIR No. 740/2017 registered at Police Station:

Seelampur under Sections 365/366/354/354C/384/506/120B 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.25,000/- with 'Delhi Police Martyrs Fund', [Bank Name: UCO Bank, IIPA, ITO, New Delhi, A/c No. 18200110036907], within a period of four 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 8, 2024/rv/am 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.