Arpit Agrawal & ORS. v. State & ORS.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2384/2023 ARPIT AGRAWAL & ORS.

..... Petitioners Through:

Mr. D.K Sharma, Mr. Vivek Sharma and Mr. Abhinav Sharma, Advocates versus STATE & ORS.

..... Respondents Through:

Mr. Rahul Tyagi, ASC for the State SI Bhuvneshwar Yadav, PS Seemapuri

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 15.03.2024 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed on behalf of petitioner seeking quashing of FIR bearing no. 0144/2023 registered at Police Station Seemapuri (Shahdara District), New Delhi for offences punishable under Sections 308/323/379/506/341/34 of the Indian Penal Code, 1860 ("IPC") and all consequential proceedings emanating therefrom. 2.

Briefly the facts of the present case are that the Petitioner Nos. 1, 2 and 3 and the Respondent Nos. 2 to 4 are neighbours and living in the same colony. A quarrel broke amongst the aforesaid persons which has resulted in the FIR being registered on 15.02.2023.

3.

Learned Counsel for the Petitioners submits that in addition, one complaint case was filed under Section 156(3) Cr.P.C by the mother of the Petitioner No. 1 against the Respondent Nos. 2 to 4. 3.1 Learned Counsel further submits that the matter has been amicably settled between the Petitioner Nos. 1, 2 and 3 and Respondent Nos. 2 to 4 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 18/03/2024 at 15:43:19

and a Settlement Deed executed on 27.06.2023 between the parties is on record.

4.

The Petitioner Nos. 1 and 3 are physically present in the Court. Petitioner No. 2 is present virtually as the Petitioner No. 2 studies in Jagdish Sheth School of Management, Bangaluru and was attending examination this morning. His father Mr. Madanjit Kumar is however physically present in Court. Respondent Nos. 2 to 4 are physically present in Court today. 5.

Petitioner Nos.1 to 3 and Respondent Nos. 2 to 4 submit that they have signed the Settlement Agreement and their signatures appear at the bottom of each page of the said document. They further submit that no quarrel or dispute remains amongst the parties. 6.

In view of the fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question 7.

Accordingly, FIR bearing 0144/2023 dated 15.02.2023 registered at Police Station Seemapuri (Shahdara District), New Delhi for offences punishable under Sections under Section 308/323/379/506/341/34 IPC and all consequential proceedings emanating therefrom are quashed. 8.

The Petition is disposed of accordingly.

9.

TARA VITASTA GANJU, J MARCH 15, 2024 g.joshi 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 18/03/2024 at 15:43:19