Rishi Arora And ORS v. State NCT Of Delhi And ORS

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4303/2024 RISHI ARORA AND ORS ..... Petitioners Through:

Mr.Neeraj Yadav, Adv. along with petitioner in person.

versus STATE NCT OF DELHI AND ORS ..... Respondents Through:

Mr.Aman Usman, APP with SI Rahul Ravi Ms.Beenashaw N.

Soni, Mr.Arpit Bhargava, Ms.Nitasha Gupta, Ms.Mansi Jain, Ms.Ann Joseph, Mr.Pankaj and Mr.Abhishek Gaind, Advs. for R-2 & R-3 along with R-2 & R3 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 24.05.2024 CRL.M.A. 16309/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 4303/2024 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.046/2022 registered at Police Station: Tilak Marg, New Delhi under Sections 467/468/471/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement.

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

3.

Issue notice.

4.

Notice is accepted by Mr.Aman Usman, learned APP for the respondent no.1 and by Ms.Beenashaw N. Soni, Advocate for the respondent nos.2 and 3.

5.

The learned APP points out that in the present case, the allegation is of the petitioner having forged a Will of late Mr.Kanwal Nain Arora. However, the dispute that arose between the family members has been amicably settled to promote peace in the family. 6.

The learned counsel for the petitioners submits that the parties, that is, the petitioners and the respondent nos.2 and 3 have amicably settled their inter se disputes and in pursuance of the same have executed a settlement vide Memorandum of Understanding dated 08.12.2023. 7.

The learned counsel for the petitioners has also handed over demand drafts of Rs.1,15,00,000/- (Rupees One Crore and Fifteen Lacs) each to the respondent nos.2 and 3, who are present in Court and have been duly identified by the Investigating Officer (IO). 8.

The respondent nos.2 and 3 do not oppose the present petition and reaffirm that the disputes have been amicably settled out of their own free will and without any coercion, and submit that they have no objection if the present FIR is quashed.

9.

I have perused the contents of the FIR and also the settlement between the parties.

10.

Keeping in view the fact that the disputes arose between the family members and the same have been amicably settled between the parties and the respondent nos.2 and 3 do not wish to pursue their complaint any further, I find that no useful purpose will be served in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

continuing with the proceedings of the above FIR; it would rather create further acrimony between the parties and would be an unnecessary burden on the State Exchequer.

11.

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.

12.

Accordingly, the petition is allowed. Consequently, FIR No.046/2022 registered at Police Station: Tilak Marg, New Delhi under Sections 467/468/471/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the petitioners depositing costs of Rs.1,00,000/- each with the "NAB India Centre for Blind Women & Disability Studies", [RBL Bank Limited, Barakhamba, New Delhi, Account No.1150350, IFSCRATN0000100], within a period of four weeks from today, and filing proof of such deposit with the Registry of this Court and also supplying a copy thereof to the IO, within the said period. NAVIN CHAWLA, J MAY 24, 2024/ns/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.