Pramod Giri & ORS. v. The State NCT Of Delhi & ANR.
$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3934/2024 PRAMOD GIRI & ORS.
..... Petitioners Through:
Mr.Mohd. Jubair, Adv.
Petitioners present in person.
versus THE STATE NCT OF DELHI & ANR.
..... Respondents Through:
Mr.Aman Usman, APP.
Insp. Jagdish Yadav & Insp.
Bhupesh Kumar, SHO/Govindpuri & SHO Mandawali.
Mr.SA Rajput, Adv. for R-2.
Respondent no.2 present through VC.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 15.05.2024 CRL.M.A. 15005/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 3934/2024 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.0567/2017 registered at Police Station: Mandawli Fazalpur, East-District, Delhi under Sections 420/34 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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Notice is accepted by Mr.Aman Usman, learned APP and Mr.SA Rajput, learned counsel for respondent no.2. 5.
The learned counsel for the petitioners submits that the disputes between the parties arose out of some petty issues between the parties relating to some commercial dispute.
6.
He submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement dated 05.12.2023.
7.
The respondent no.2 is present in Court through VC and has been duly identified by the Investigating Officer (IO). He reaffirms the settlement and states that he has settled all the disputes with the petitioners out of his own free will and without any coercion. The respondent no.2 submits that he 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 his 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.0567/2017 registered at Police Station: Mandawli Fazalpur, East-District, Delhi under Sections 420/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed subject to the condition that the petitioners shall deposit costs of Rs.20,000/- each, with the 'Delhi High Court Bar Clerk Association (A/c 15530100006282)' within a period of four weeks from today, and shall file a proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, within the said period. 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.