Gaurav Sharma And ORS v. State (N.C.T. Ofdelhi) And ANR
$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3667/2022 GAURAV SHARMA AND ORS ..... Petitioners Through:
Mr.Pradeep Kr. Shukla, Adv.
versus STATE (N.C.T. OFDELHI) AND ANR ..... Respondents Through:
Mr.Aman Usman, APP with SI Vivek Tomar Mr.Faiyaz Khalid, Adv. for R-2 along with R-2 (through VC)
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 24.01.2024 1.
This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No. 0337/2020 registered at Police Station: Govind Puri, SouthEast, New Delhi under Sections 420/120B/34 of the Indian Penal Code, 1860 (in short, 'IPC') and Section 66D of the Information Technology Act, 2000 (in short, 'ITA'), along with all other proceedings arising therefrom, on the basis of settlement. 2.
The learned counsel for the petitioners submits that the parties have amicably settled the disputes and and have entered into a settlement vide Settlement Agreement/Compromise dated 22.03.2022. 3.
The respondent no.2, who is present through video conferencing The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
in Court and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that he has settled all the disputes with the petitioners of his own free will and without any coercion. The respondent no.2 submits that he has no objection if the present FIR is quashed.
4.
In view of the above and considering the Settlement arrived at between the parties, I find that there is no use in continuing with the proceedings of the present FIR as it would rather create further acrimony between the parties and will be a misuse of the process of the Court and an unnecessary burden on the State exchequer. 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 Bimsinh Karmur & Ors. v. State of Gujarat & Ors. and (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, 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 FIR and all the proceedings emanating therefrom.
5.
Accordingly, the petition is allowed. Consequently, the FIR No. 0337/2020 registered at Police Station: Govind Puri, South-East, New Delhi under under Sections 420/120B/34 of the IPC and Section 66D of the ITA and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners deposit costs of Rs.11,000/- with Delhi State Legal Services Authority within a period of two weeks from today. The costs so deposited shall be utilised by the Delhi State Legal Services The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Authority for providing counselling/psychological support to the POCSO Victims requiring such assistance.
6.
The petitioners shall file, with the Registry of this Court, proof of such deposit of the above costs and also supply a copy thereof to the concerned IO within the said period.
7.
The petition is disposed of the above terms.
NAVIN CHAWLA, J JANUARY 24, 2024/ns/RP 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.