Ravi v. The State( N.C.T Of Delhi) & ANR.
$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3783/2024 RAVI ..... Petitioner Through:
Ms.Kamaljot Kaur, Ms.Neelam Rajput, Advs with petitioner.
versus THE STATE( N.C.T OF DELHI) & ANR. ..... Respondents Through:
Mr. Shoaib Haider, APP with SI Bharat Singh.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 10.05.2024 1.
This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.341/2017 registered at Police Station: Uttam Nagar, Delhi, under Section 354D of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, based on a settlement. 2.
Issue Notice.
3.
Notice is accepted by Mr. Shoaib Haider, learned APP and by the respondent no.2, who appears in person.
4.
The learned counsel for the petitioners submits that the subject FIR has been registered as a result of a misunderstanding between the petitioners and the respondent no.2.
5.
It is stated that the petitioner and the respondent no.2, have The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
amicably settled their inter se disputes and have executed a Memorandum of Understanding dated 16.04.2024 and pursuant to the same, the complainant/respondent no.2 has filed her affidavit giving her consent for quashing of the abovementioned FIR. 6.
The respondent no.2, who is personally present in Court and has been duly identified by the Investigating Officer (IO), does not oppose the present petition; she joins in the prayer of the petitioner, and states that she does not have any objection if the FIR and the proceedings emanating therefrom are quashed. She submits that she is making this statement out of her own free will and without any coercion. 7.
I have perused the contents of the FIR and also the settlement arrived at between the parties.
8.
Keeping in view the fact that 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.
9.
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. 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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10.
Accordingly, the present petition is allowed. FIR No.341/2017 registered at Police Station: Uttam Nagar, Delhi, under Section 354D 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.15,000/- with the Samarpan Children's Home [Samarpan Foundation, A-13, Ground Floor, Friends Colony East, New Delhi-110065, HDFC Bank, Current Account No.06171450000031, Branch-Jor Bagh Market, New Delhi-110003, RTGS/NEFT ISFC: HDFC0000617, MICR:110240103] within a period of four weeks from today, and file the proof of such deposit with the Registry of this Court and supply a copy thereof to the IO, within the said period.
NAVIN CHAWLA, J MAY 10, 2024/Arya/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.