Jai Parkash Yadav @ Punni v. State Of NCT Of Delhi And ANR

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3930/2022 JAI PARKASH YADAV @ PUNNI ..... Petitioner Through:

Mr.Anand, Adv. along with petitioner in person.

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

Mr.Shoaib Haider, APP.

SI Nitesh, PS Samaipur Badli.

Respondent no.2 present in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 12.02.2024 1.

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. 758/2018 registered at Police Station: Samaipur Badli, Rohini Delhi under Sections 323/354 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement.

2.

The learned counsel for the petitioner submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement/Compromise dated 25.07.2022. 3.

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 of her The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:05:52

own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed. 4.

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

5.

Keeping in view the fact that parties are relatives and the respondent no.2 does not wish to pursue her 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 the chances of its success will be rather minuscule and it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer. 6.

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 3, 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.

7.

Accordingly, the petition is allowed. FIR No. 758/2018 registered at Police Station: Samaipur Badli, Rohini Delhi, under Sections 323/354 of IPC and all consequential proceedings emanating therefrom against the petitioner are quashed NAVIN CHAWLA, J FEBRUARY 12, 2024/rv/RP 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. The Order is downloaded from the DHC Server on 17/12/2024 at 15:05:52