Sh. Balbir Singh Chauhan & ORS. v. The State NCT Of Delhi And ANR.
$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3967/2024 SH. BALBIR SINGH CHAUHAN & ORS.
..... Petitioners Through:
Mr. Vinay Mohan Sharma and Mr.
Sahil Sharma, Advocates along with Petitioners.
versus THE STATE NCT OF DELHI AND ANR.
..... Respondents Through:
Mr. Hitesh Vali, APP for the State with SI Amit, P.S. Ranhola.
Mr. Ravi Dev S., Advocate.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN % 16.05.2024
O R D E R
CRL.M.C. 3967/2024 1.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No. 432/2022 under Sections 354/323/342/34 IPC registered at Police Station Ranhola, Outer District, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
2.
Issue notice. The learned APP for the State accepts notice. He submits that since the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.
3.
The petitioner No.1 as well as, respondent no. 2 are present in the Court and they have been identified by their respective counsel and by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Investigating Officer SI Amit, P.S. Ranhola.
4.
The brief facts of the case are that on 13.04.2022 the parents and brother of respondent No.2 had a scuffle with the petitioners and the respondent No.2 reported the matter to the police. This led to the registration of present FIR at the instance of the respondent No.2. 5.
During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 23.09.2022, which is annexed as Annexure P-5 to the present petition. 6.
It is recorded in the settlement that parties have amicably resolved their dispute. It is also a term of the settlement that the respondent No.2 shall cooperate with the petitioner with the quashing of FIR. 7.
The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.
8.
At this stage, apt would it be to refer to the observations of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor."
9.
In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
10.
It is, thus, in the interest of justice that the present FIR and all the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
other proceedings emanating therefrom be quashed. 11.
Consequently, the petition is allowed and the FIR No. 432/2022 under Sections 354/323/342/34 IPC registered at Police Station Ranhola, Outer District, Delhi alongwith all other proceedings emanating therefrom, is quashed.
12.
The petition stands disposed of in the above terms. 13.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J MAY 16, 2024/MR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.