Indel Singh & ORS. v. The State (Govt. Of NCT Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ INDEL SINGH & ORS.

..... Petitioners Through:

Mr. Dilip Gupta, Adv.

All the petitioners in person.

versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Satinder Singh Bawa, APP for the State with SI Amandeep and SI Satender, PS Aman Vihar and PS Prem Nagar.

Mr. Vipin Sharma, Adv.

for R-2.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 10.05.2024 CRL.M.A. 14516/2024 (exemption from filing certified copies of annexures) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

3.

The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') seeking quashing of FIR No. 195/2019 dated 18.04.2019, for offences punishable under Sections 451/323/427/34 of the Indian Penal Code, 1860 ('IPC'), registered at Police Station Prem Nagar, including all The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

consequential proceedings arising therefrom. The said FIR was registered on a complaint filed by Respondent No. 2. Chargesheet has been filed in the present case. 4.

It is averred that due to some misunderstanding over the ownership of the property, being H No. 142, Gali No.3, B-Block, Kataria Road, Prem Nagar, Rohini, Delhi, a scuffle took place between the parties, where Respondent No.2 sustained minor injuries. It is alleged that the petitioners vandalised the said property as well.

5.

It is stated that the incident led to the lodging of the present FIR.

6.

The present petition is filed on the ground that the matter is amicably settled between the parties, on their own free will, without any threat, pressure, coercion or undue influence, with the intervention of respectable members of the society and wellwishers. 7.

The present petition is duly supported by the affidavit of Respondent No. 2 stating that the matter has been settled between the parties and that she has no remaining grievance against the petitioners.

8.

The parties are present before this Court in person and have been duly identified by the Investigating Officer. 9.

Respondent No. 2, on being asked, submits that she does not wish to pursue any proceeding arising out of the present FIR, and has no objection if the proceedings are quashed. 10.

Offences under Sections 323/427/451 of the IPC are compoundable in nature.

11.

Keeping in view the nature of dispute and the fact that the parties have amicably entered into a settlement, this Court feels The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

that continuance of the proceedings would amount to abuse of the process of Court. No useful purpose would be served by relegating the parties to the learned Trial Court for filing an application to compound the offence.

12.

However, keeping in mind the fact that the charge sheet has already been filed in the case arising out of FIR No. 195/2019, and the State machinery has been put to motion, ends of justice would be served if the petitioner is put to cost. 13.

In view of the above, FIR No. 195/2019 and all consequential proceedings arising therefrom are quashed, subject to the payment of cost of ₹10,000/- to be deposited by the petitioners with the Delhi Police Welfare Fund. 14.

Let the proof of deposit of cost be submitted to the concerned IO.

15.

The present petition is allowed in the aforesaid terms. AMIT MAHAJAN, J MAY 10, 2024 'KDK'

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