Shambhu Yadav ORS & ORS. v. State Of NCT Of Delhi & ANR.

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3291/2022 SHAMBHU YADAV ORS & ORS.

..... Petitioners Through:

Mr.Rajeev Choudhary, Adv.

along with petitioners in person.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr.Shoaib Haider, APP with SI Sachin Panwar Mr.Kallu Singh, Adv. for R-2 along with R-2 (through VC)

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 14.05.2024 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.0462/2017 registered at Police Station: Fatehpur Beri, SouthDistrict, Delhi, under Sections 354/509/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, based on a settlement.

2.

The learned counsel for the petitioners submits that the petitioners are employees in the showroom of the respondent no.2 and the disputes arose out of some petty issues between the parties, which led to the registration of the above-mentioned FIR.

3.

The learned counsel for the petitioner submits that the petitioners and the respondent no.2 have amicably settled their inter se disputes and have executed a Settlement vide Settlement Agreement The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

dated 12.07.2022.

4.

The respondent no.2, who appears virtually and has been duly identified by the Investigating Officer (IO), does not oppose the present petition and she joins in the prayer of the petitioners, 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. 5.

I have perused the contents of the FIR, Charge Sheet and also the settlement arrived at between the parties. 6.

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.

7.

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.

8.

Accordingly, the present petition is allowed. FIR No.0462/2017 registered at Police Station: Fatehpur Beri, South-District, Delhi, under Sections 354/509/34 of the IPC and all consequential 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 against the petitioners are quashed, subject to the condition that the petitioners shall deposit costs of Rs.10,000/- each with the Delhi High Court Bar Clerks' Association 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 14, 2024/ns/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.