Rohit Tanwar & ORS. v. State Of NCT Of Delhi & ORS.

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3749/2024 ROHIT TANWAR & ORS.

..... Petitioners Through:

Mr. Sharad Malhotra, Advocate along with Petitioners in person.

versus STATE OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State with SI Manisha Sharma, P.S. Maidan Garhi.

Respondent no. 2 and 3 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 09.05.2024 CRL.M.A. 14368/2024 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The application is disposed of accordingly.

CRL.M.C. 3749/2024 3.

This is a writ petition under section 482 Cr.P.C. for quashing of FIR No. 131/2020, under Section 323/325/354/354(A)/354(B)/452/506/34 of the IPC, registered as P.S. Maidan Garhi, Delhi and all the other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Sana Khan, learned Metropolitan Magistrate, Saket Courts, Delhi.

4.

Learned counsel for the petitioners submits that the present petitioners have since compromised their disputes with respondents no. 2 and 3. It is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

submitted that the respondent Nos. 2 and 3 are the uncle and aunt of the petitioners and the incident related to a property dispute amongst the family members which led to the registration of the aforesaid FIR. 5.

Learned counsels for the parties submit that during the pendency of the aforesaid proceedings, they have arrived at an amicable settlement in the interest of all the parties and to maintain peace and harmony in the family. 6.

The petitioners and respondent nos. 2 and 3 are present before the Court and have been duly identified by their respective counsels, as well as the Investigating Officer, WSI Manisha Sharma, P.S. Maidan Garhi. It is also pointed out that one injured, Anoop, S/o Resh Ram is also present in Court today and is identified by the concerned WSI Manisha Sharma, P.S. Maidan Garhi.

7.

The respondent nos. 2 and 3 states that the matter has been settled with the petitioners and they have no objection if the present FIR is quashed against the petitioners.

8.

In view of the settlement arrived at between the parties, learned APP for the also has no objection if the present FIR is quashed. 9.

In Gian Singh v. State of Punjab (2012) 10 SCC 303, 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 proceedings."

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

In view of the aforesaid circumstances, and that fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 131/2020, under Sections 323/325/354/354(A)/354(B)/452/506/34 of the IPC, registered as P.S. Maidan Garhi, Delhi and all the other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Sana Khan, learned Metropolitan Magistrate, Saket Courts, Delhi. 11.

In the interest of justice, the petition is allowed, and the FIR No. 131/2020, under Sections 323/325/354/354(A)/354(B)/452/506/34 of the IPC, registered as P.S. Maidan Garhi, Delhi and all the other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Sana Khan, learned Metropolitan Magistrate, Saket Courts, Delhi, is hereby quashed.

12.

In view of the above, the present petition is disposed of. 13.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 9, 2024/MR 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.