Shri Harish Sharma v. The State Of NCT Of Delhi Through The Sho P S Ranjit Nagar & ANR.

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2224/2023 SHRI HARISH SHARMA ..... Petitioner Through:

Mr. Ranjit Kumar Dubey, Advocate alongwith petitioner in person versus THE STATE OF NCT OF DELHI THROUGH THE SHO P S RANJIT NAGAR & ANR.

..... Respondents Through:

Mr. Rahul Tyagi, ASC for the State with Ms. Priya Rai, Mr. Sangeet Sibou, Mr. Jatin and Mr. Mathew Phillip, Advocates Respondent no. 2 in person

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 05.03.2024 CRL.M.A. 20855/2023 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 2224/2023 3.

The present petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioner seeking quashing of FIR bearing No. 483/2023 registered at Police Station Ranjit Nagar, Delhi for offences punishable under Sections 354A/342 of the Indian Penal Code, 1860 ('IPC').

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Issue notice. Mr. Rahul Tyagi, learned ASC accepts notice on behalf of the State.

5.

Petitioner is present before this Court and has been identified by his counsel Mr. Ranjit Kumar Dubey and Investigating Officer (IO) from Police Station Ranjit Nagar, Delhi.

6.

Brief facts of the case as per the petition are that respondent no. 2 was working as recovery agent with the petitioner. It is stated that on 31.05.2023, the present FIR was registered against the petitioner under Sections 354A/342 of Indian Penal Code, 1860 ('IPC') on the complaint of respondent no. 2. It is stated that on the basis of the FIR, the petitioner was arrested by the police and later on, he was released on police bail. It is stated that during the investigation of the present case, with the intervention of respectable persons and friends, both the parties have arrived at a mutual and amicable compromise and have settled their disputes and differences. 7.

On a query made by this Court, respondent no.2 who has been identified by the IO, states that she has lodged the present FIR at the asking of some of the public persons. She categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat.

8.

It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties.

9.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

There is no legal impediment in quashing the FIR in question. 10.

Accordingly, FIR bearing No. 483/2023 registered at Police Station Ranjit Nagar, Delhi for offences punishable under Sections 354A/342 of IPC and all consequential proceedings emanating therefrom are quashed, subject to petitioner depositing a sum of Rs.10,000/- and complainant depositing a sum of Rs.5,000/- with Advocates Welfare Fund, Tis Hazari Courts, Delhi within ten days.

11.

In view of the above, the present petition stands disposed of. 12.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 5, 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.