Karan Singh v. The State Govt. Of NCT Of Delhi And ANR.
$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4218/2024 KARAN SINGH ..... Petitioner Through:
Mr.Ronak Gupta, Mr.Shobhit, Mr.Robin Sharma and Ms.Shalu Sharma, Advs.
versus THE STATE GOVT. OF NCT OF DELHI AND ANR.
..... Respondents Through:
Mr. Shoaib Haider, APP with SI Vipin Kumar Mr.Varun Varma, Mr.Prakhar Shukla and Mr.Prashant Kumar Jha, Advs. for R-2 along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 22.05.2024 CRL.M.A. 16010/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 4218/2024 2.
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.395/2022 registered at Police Station: Keshav Puram, Delhi, under Sections 287/338 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.
3.
Issue notice.
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4.
Notice is accepted by Mr. Shoaib Haider, learned APP and by Mr.Varun Varma on behalf of the respondent no.2. 5.
The learned counsel for the petitioner submits that the unfortunate accident occurred when the respondent no.2 was working on the cutting machine and the cloth got stuck in the sharp cutter made in the machine and to save his arm, the finger of his left hand touching the thumb got cut by the machine and left hand got injured below the elbow. He submits that the parties have now amicably settled their inter se disputes and have executed a Settlement vide Deed of Settlement dated 07.03.2023.
6.
The learned counsel for the petitioner submits that the matter has been amicably settled and he has advised the petitioner to pay another sum of Rs.30,000/- to the respondent no.2. The petitioner shall, therefore, pay another sum of Rs.30,000/- to the respondent no.2.
7.
The respondent no.2, who is personally present in Court and has been duly identified by the Investigating Officer (IO), reaffirms the settlement and states that he has settled all the disputes with the petitioner out of his own free will and without any coercion. He submits that he has no objection if the present FIR is quashed. 8.
I have perused the contents of the FIR and also the settlement between the parties.
9.
Keeping in view the fact that the respondent no.2 does not wish to pursue his complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as it would create The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 FIR and all the proceedings emanating therefrom.
11.
Accordingly, the petition is allowed. FIR No.395/2022 registered at Police Station: Keshav Puram, Delhi, under Sections 287/338 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner shall pay another sum of Rs.30,000/- to the respondent no.2 within a period of four weeks from today, and file the proof of such deposit with the Registry of this Court and supply a copy thereof to the IO, within the said period. NAVIN CHAWLA, J MAY 22, 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.