Parmeshwar Chand Bagadia And ORS v. The State Gnct Of Delhi And ORS

$~11&71 * IN THE HIGH COURT OF DELHI AT NEW DELHI (11)+ CRL.M.C. 3955/2024 & CRL.M.A. 15082/2024 PARMESHWAR CHAND BAGADIA AND ORS ..... Petitioners Through:

Mr.Pramod Kumar, Adv. along with petitioners in person.

versus THE STATE GNCT OF DELHI AND ORS ..... Respondents Through:

Mr.Aman Usman, APP with SI Naresh Kumar and SI Renu Hooda Mr.Ravi Mishra, Adv. for R-2 along with R-2 in person.

(71) CRL.M.C. 3887/2024 GARIMA SINGH AND ORS ..... Petitioners Through:

Mr.Ravi Mishra, Adv. along with petitioners in person.

versus STATE OF NCT OF DELHI AND ANR ..... Respondents Through:

Mr. Shoaib Haider, APP with SI Mamta and SI Naresh Mr.Pramod Kumar, Adv. for R2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 22.05.2024 1.

These petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

FIR No.1014/2020 registered at Police Station: Baba Haridas Nagar, Delhi, under Sections 448/452/341/342/354/354B/109/323/506/34 of the Indian Penal Code, 1860 (in short, 'IPC') and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (in short, 'POCSO Act') and FIR No.1016/2020 registered at Police Station: Baba Haridas Nagar, Delhi, under Sections 354/354A/323/506/34 of the IPC, along with all other proceedings arising therefrom, based on a settlement.

2.

Issue Notice.

3.

Notice is accepted by Mr.Aman Usman, learned APP and by Mr.Ravi Mishra, Advocate for the respondent no.2 in CRL.M.C. 3955/2024 and by Mr.Shoaib Haider, learned APP and by Mr.Pramod Kumar, Advocate for the respondent no.2 in CRL.M.C. 3887/2024. 4.

The learned counsels for the petitioners submit that the parties are family members and the disputes arose out of some petty issues between the parties, which led to the filing of the above FIRs. 5.

It is stated that the petitioners and the Complainants have amicably settled their inter se disputes and have entered into a settlement vide Settlement Deed dated 03.04.2024.

6.

The Complainants, who are personally present in Court and have been duly identified by the Investigating Officer (IO), do not oppose the present petition and they join in the prayer of the petitioners, and state that they do not have any objection if the FIRs and the proceedings emanating therefrom are quashed. They submit that they are making this statement out of their own free will and without any coercion. 7.

I have perused the contents of the FIR and also the settlement The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

arrived at between the parties.

8.

Keeping in view the fact that the Complainants are family members and do not wish to pursue their complaints 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. 9.

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 FIRs and all the proceedings emanating therefrom.

10.

Accordingly, the present petitions are allowed.

FIR No.1014/2020 registered at Police Station: Baba Haridas Nagar, Delhi, under Sections 448/452/341/342/354/354B/109/323/506/34 of the IPC and Section 8 of the POCSO Act and FIR No.1016/2020 registered at Police Station: Baba Haridas Nagar, Delhi, under Sections 354/354A/323/506/34 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.50,000/-, either jointly or severally in CRL.M.C. 3955/2024 and Rs.30,000/-, either jointly or severally in CRL.M.C. 3887/2024 with the Blind Relief Association, Delhi, State Bank of India, IOC Branch, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Lodhi Road, New Delhi, Account No.30003044419, IFSC Code: SBIN0006564 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. The pending application also stands disposed of as infructuous.

NAVIN CHAWLA, J MAY 22, 2024/ns 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.