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High Court of DelhiCRL.M.C./4291/2024

Ram v. The State NCT Of Delhi & ANR.

2024-05-24Hon'Ble Mr. Justice Navin Chawla3 pages

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4291/2024 RAM ..... Petitioner Through:

Mr.Basant Kumar Gautam, Mr.Ujjawal Kumar Goswami, Mr.Pawan Deep Gautam, Mr.Himanshu Deshwal, Advs.

with petitioner versus THE STATE NCT OF DELHI & ANR.

..... Respondents Through:

Mr.

Shoaib Haider, APP, Mr.Mehwish Khalil, Adv. with SI Nirmala.

Mr.Mithilesh Shrivastav, Adv.

for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 24.05.2024 CRL.M.A. 16276/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 4291/2024 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.0473/2022 registered at Police Station: Begumpur, New Delhi, under Sections 354/354A/506 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, based on a settlement.

3.

Issue Notice.

4.

Notice is accepted by Mr.Shoaib Haider, the learned APP on behalf of the respondent no. 1 and by Mr.Mithilesh Shrivastav The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Advocate on behalf of the respondent no.2.

5.

The learned counsel for the petitioner submits that the parties are related to each other and present FIR has been registered due to some misunderstandings between the petitioner and the respondent no.2. 6.

The parties have thereafter entered into an amicable settlement and have executed a Settlement Deed dated 07.02.2024. 7.

The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that she has settled all the disputes with the petitioner out of her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed. 8.

I have perused the contents of the FIR, the settlement and also have interacted with the parties.

9.

As the parties have settled their inter se disputes, in my view no useful purpose shall be served in continuing with the proceedings of the present FIR as it would lay an unnecessary burden on the State exchequer and cause further acrimony between the parties. 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 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.0473/2022 registered at Police Station: Begumpur, New Delhi, under Sections The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

354/354A/506 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed. NAVIN CHAWLA, J MAY 24, 2024/Arya/am 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.