Vinit Jain & ORS. v. State Of NCT Of Delhi & ORS.

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4024/2024 VINIT JAIN & ORS.

..... Petitioners Through:

Mr. Gurpreet Singh, Adv. with petitioners in person.

versus STATE OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Hemant Mehla, APP for the State and Ms. Mridul Sharma, Advocate.

SI Reena Kumari, P.S. Budh Vihar.

Ms. Ridhima Manchanda, Adv. for R2 to 4 with R-2 to 4 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 17.05.2024 1.

The present petition filed under Section 482 Cr.P.C. seeks quashing of FIR No. 296/2019, under Sections 323/341/354B/506/509/34 IPC, registered at P.S. Budh Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Kanika Jain, Learned Metropolitan Magistrate, Mahila Court, Rohini Courts, Delhi. 2.

Learned counsel for the petitioners submits that latter and respondent nos. 2 to 4 are neighbours, residing in the same building. It is submitted that on 31.10.2019, on account of a dispute, two cross-FIRs were registered. It is pointed out that the other FIR bearing no. 297/2019 under Sections 323/341/354/506/509/34 of the IPC, registered at P.S. Budh Vihar was registered against respondent nos. 2, 3 and one other person at the instance of the mother of petitioner no.1 and other relatives. It is submitted that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

parties have agreed to cooperate with the quashing of both the FIRs. An affidavit cum No objection Certificate of Respondent no.2 has been filed with respect to quashing of the present FIR. It is submitted that the other cross-FIR is the subject matter of CRL.M.C. 3689/2024. 3.

Petitioners and respondent nos. 2 to 4 are present before the Court and have been duly identified by their respective counsels, as well as the Investigating Officer, SI Reena Kumari, P.S. Budh Vihar. 4.

The respondent nos. 2 to 4 state that the matter has been settled with the petitioners and they have no objection if the present FIR is quashed. 5.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 6.

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."

7.

In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 296/2019, under Sections 323/341/354B/506/509/34 IPC, registered at P.S. Budh Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Kanika Jain, learned Metropolitan The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Magistrate, Mahila Court, Rohini Courts, Delhi 8.

In the interest of justice, the petition is allowed, and the FIR No. 296/2019, under Sections 323/341/354B/506/509/34 IPC, registered at P.S. Budh Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Kanika Jain, learned Metropolitan Magistrate, Mahila Court, Rohini Courts, Delhi, is hereby quashed.

9.

The parties undertake to abide by their reciprocal obligations. 10.

Petition is allowed and disposed of accordingly. 11.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 17, 2024/nk 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.