Smt. Geeta Jassal v. State NCT Of Delhi And ANR.
$~7 & 19 * IN THE HIGH COURT OF DELHI AT NEW DELHI (7)+ CRL.M.C. 4021/2024 SMT. GEETA JASSAL ..... Petitioner Through:
Mr.Sunil Kapoor, Adv. along with petitioner in person.
versus STATE NCT OF DELHI AND ANR.
..... Respondents Through:
Mr.Shoaib Haider, APP with SI Sudeep Kumar Mr.Nitin Garg, Adv. for R-2 Respondent no.2 in person (through VC)
(19) CRL.M.C. 4333/2024 RATNA NANADI & ANR.
..... Petitioners Through:
Mr.Nitin Garg, Adv. along with petitioners in person (through VC) versus STATE & ANR.
..... Respondents Through:
Mr.Shoaib Haider, APP with SI Sudeep Kumar Mr.Sunil Kapoor, Adv. for R-2 along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 28.05.2024 1.
These petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of cross - FIRs, being FIR No.23/2018 registered at Police Station: Bindapur, Delhi under Sections 323/341/509/34 of the Indian Penal Code, 1860 (in short, 'IPC') (in CRL MC 4021/2024) and FIR No.24/2018 registered at Police Station: Bindapur, Delhi under Sections 323/324/354/354A/509/34 of the IPC (in CRL MC The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4333/2024), along with all other proceedings arising therefrom, on the basis of a settlement.
2.
Issue notice.
3.
Notice is accepted by Mr.Shoaib Haider, learned APP for the respondent no. 1 and by Mr.Nitin Garg, Advocate for the respondent no.2 in CRL.M.C. 4021/2024 and by Mr.Sunil Kapoor, Advocate for the respondent no.2 in CRL.M.C. 4333/2024.
4.
The parties are neighbours and the disputes between them arose out of some petty issues, which led to the filing of the abovementioned FIRs.
5.
The learned counsel for the petitioners submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Settlement Deed/Memorandum of Understanding dated 18.03.2024.
6.
The Complainants are virtually and personally present in Court and have been duly identified by the Investigating Officer ('IO'). They reaffirm the abovementioned settlement and state that they have settled all the disputes with the petitioners out of their own free will and without any coercion. The Complainants submit that they have no objection if the present FIRs are quashed.
7.
The Complainant in CRL.M.C.4021/2024, who appears virtually, submits that she has also no grievance against some of the other persons who have also been named as accused in FIR No.23/2018 and have not been impleaded in the present petition and FIR as a whole be quashed.
8.
I have perused the contents of the FIRs 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.
between the parties.
9.
Keeping in view that the parties are neighbours and the disputes have been amicably settled between them and the Complainants do not wish to pursue their complaint any further, I find that no useful purpose shall be served in continuing with the proceedings of the present FIRs 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 & 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.
11.
Accordingly, the petitions are allowed. Consequently, FIR No.23/2018 registered at Police Station: Bindapur, Delhi under Sections 323/341/509/34 of the IPC and FIR No.24/2018 registered at Police Station:
Bindapur, Delhi under Sections 323/324/354/354A/509/34 of the IPC, and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J MAY 28, 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.