Prince Sharma v. State & ANR. & ORS.

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3954/2024 PRINCE SHARMA ..... Petitioner Through:

Mr. Raj Kumar and Mr. Parmanand, Advocates alongwith petitioner in person.

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

..... Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State with W/SI Sunita, P.S. Jagat Puri.

Mr. Sandeep Garausa & Mr. Ajay Kumar, Advocates for R-2 alongwith R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 16.05.2024 CRL.M.A. 15078/2024 (Exemption) 1.

Exemption allowed, subject to just exceptions. 2.

The application is accordingly disposed of.

CRL.M.C. 3954/2024 3.

The present petition filed under Section 482 Cr.P.C. seeks quashing of FIR No. 100/2021, under Sections 354/354A/354B of the IPC, registered at P.S. Jagat Puri, and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Shruti Sharma, learned Metropolitan Magistrate, Mahila Court (Shahdara), Karkardooma Courts, Delhi.

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4.

Learned counsel appearing on behalf of the petitioner submits that the latter is husband of step sister-in-law of respondent no. 2 and on account of some property dispute, the present FIR was registered. It is submitted that during the pendency of the proceedings, the parties have arrived at a settlement before Delhi Mediation Centre, Karkardooma Courts, Delhi vide settlement dated 24.02.2024. In pursuance of which, respondent no. 2 has no objection if the present FIR and subsequent chargesheet are quashed. 5.

Petitioner and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, W/SI Sunita, P.S. Jagat Puri. 6.

The complainant/respondent no.2 states that the matter has been settled with the petitioners and she has no objection if the FIR and subsequent chargesheet are quashed.

7.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 8.

In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon‟ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

9.

In view of the aforesaid circumstances, and the fact that the parties The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 100/2021, under Sections 354/354A/354B of the IPC, registered at P.S. Jagat Puri, and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Shruti Sharma, learned Metropolitan Magistrate, Mahila Court (Shahdara), Karkardooma Courts, Delhi. 10.

In the interest of justice, the petition is allowed, and the FIR No. 100/2021, under Sections 354/354A/354B of the IPC, registered at P.S. Jagat Puri, and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Shruti Sharma, learned Metropolitan Magistrate, Mahila Court (Shahdara), Karkardooma Courts, Delhi, is hereby quashed.

11.

Petition is allowed and disposed of accordingly. 12.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 16, 2024/bsr 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.