Mohd Amjad v. State NCT Of Delhi & ANR.

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3897/2024 MOHD AMJAD ..... Petitioner Through:

Mr.Pawan Kumar, Adv. along with the petitioner present in person.

versus STATE NCT OF DELHI & ANR.

..... Respondents Through:

Mr.Shoaib Haider, APP.

SI Jaspreet Pannu, PS Nabi Karim.

Respondent no.2 present in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 15.05.2024 CRL.M.A. 14889/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 3897/2024 2.

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.0037/2020 registered at Police Station: Nabi Karim, CentralDistrict, Delhi under Sections 354 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

3.

Issue notice.

4.

Notice is accepted by Mr.Shoaib Haider, learned APP. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

The learned counsel for the petitioner submits that the husband of the respondent no.2 / complainant is the employee of the petitioner and the disputes between the parties arose out of some petty issues and misunderstanding between the parties which led to the registration of the above-mentioned FIR.

6.

He submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Compromise Deed dated 15.02.2024.

7.

The respondent no.2 is present in person in Court and has been duly identified by the Investigating Officer (IO). The respondent no.2 reaffirms the settlement and states that she has settled all the disputes with the petitioner 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.

8.

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

9.

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.

10.

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

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.

11.

Accordingly, the petition is allowed. FIR No.0037/2020 registered at Police Station: Nabi Karim, Central-District, Delhi under Sections 354 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed. NAVIN CHAWLA, J MAY 15, 2024/rv/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.