Akhlak & ANR. v. State NCT Of Delhi
$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4285/2024 & CRL.M.A. 16257/2024 (Delay in re-filing 86 days) AKHLAK & ANR.
..... Petitioners Through:
Mr. Akhlak Ali, Advocate alongwith petitioners in person.
versus STATE NCT OF DELHI ..... Respondent Through:
Mr. Hemant Mehla, APP for the State with Insp. Shashi Kant, P.S. Seema Puri.
Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 27.05.2024 1.
The present petition filed under Section 482 of the Cr.P.C. seeks quashing of the FIR No.
239/2018, under Sections 323/341/354/354A/354B/34 of the IPC, registered at P.S. Seema Puri and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Ishra Zaidi, Learned Metropolitan Magistrate, Mahila Court, Shahdara, Karkardooma Courts, Delhi.
2.
Learned counsel appearing on behalf of the petitioners submits that the present FIR was registered at the instance of respondent no. 2 on account of some misunderstanding between the parties. It is submitted that as a result The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
of the said dispute, a cross-FIR, i.e., FIR No. 227/2018, under Sections 323/341/354/354B/506/509/34 of the IPC was registered at PS Seema Puri, at the instance of wife of petitioner no. 1 herein against the husband and brother of respondent no. 2 herein.
3.
It is further submitted that during the pendency of the aforesaid proceedings, parties have entered into a compromise/settlement deed dated 01.03.2023, pursuant to which parties have no objection to quashing of the cross FIRs. The cross FIR, i.e, FIR No. 227/2018, under Sections 323/341/354/354B/506/509/34 of the IPC registered at PS Seema Puri is the subject matter of CRL.M.C. 3802/2024, which is being disposed of by a separate order of the same date.
4.
Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer, Insp. Shashi Kant, P.S. Seema Puri.
5.
The complainant/respondent no.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with.
6.
In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 7.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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."
8.
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. 239/2018, under Sections 323/341/354/354A/354B/34 of the IPC, registered at P.S. Seema Puri and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Ishra Zaidi, Learned Metropolitan Magistrate, Mahila Court, Shahdara, Karkardooma Courts, Delhi.
9.
In the interest of justice, the petition is allowed, and the FIR No. 239/2018, under Sections 323/341/354/354A/354B/34 of the IPC, registered at P.S. Seema Puri and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Ishra Zaidi, Learned Metropolitan Magistrate, Mahila Court, Shahdara, Karkardooma Courts, Delhi, is hereby quashed. 10.
Petition is allowed and disposed of accordingly. 11.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 27, 2024/bsr 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.