High Court of DelhiCRL.M.C./4560/2024

Subhash Chand Garg And ANR. v. State Of NCT Of Delhi And ANR.

2024-05-29Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~52 and 53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4560/2024 SUBHASH CHAND GARG AND ANR.

..... Petitioners Through:

Mr. Pramod Kumar, Advocate for P1,2,3,4 with petitioners in-person. versus STATE OF NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Satish Kumar, APP for the State with Mr. Rana Sudersha Biswas & Ms. Chandrika Upadhya, Advocates.

SI Ravindra, P.S.: South Rohini.

Mr. Ravi Kumar Mishra, Advocate for R-2 with R-2 in-person.

+ CRL.M.C. 4561/2024 SATISH KUMAR GARG ALIAS SATISH KUMAR AND ORS ..... Petitioners Through:

Mr. Ravi Kumar Mishra, Advocate for P1,2,3,4 with petitioners inperson.

versus STATE OF NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Satish Kumar, APP for the State with Mr. Rana Sudersha Biswas & Ms. Chandrika Upadhya, Advocates.

SI Ravindra, P.S.: South Rohini.

Mr. Pramod Kumar, Advocate for R-2 with R-2 in-person.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

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

% 29.05.2024 CRL.M.A. 17160/2024 (exemption) in CRL.M.C. 4560/2024 CRL.M.A. 17161/2024 (exemption) in CRL.M.C. 4561/2024 1.

Allowed, subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 4560/2024 & CRL.M.C. 4561/2024 3.

The present writ petitions under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioners seeking quashing of FIRs, bearing No.0220/2021, registered at Police Station South Rohini, Delhi for offences punishable under Sections 354/509/34 of the Indian Penal Code, 1860 ('IPC') and another FIR bearing No. 0181/2021, registered at Police Station South Rohini, Delhi for offences punishable under Sections 354/354B/509/34 of the IPC. 4.

Issue notice. Learned APP accepts notice on behalf of the State. 5.

Brief facts of the present case are that two cross-FIRs got registered over money transaction, due to dispute which arose due to heat of the moment. It is also stated that the parties are close relatives and all the disputes have been settled amongst them. Hence, the present petitions have been filed for quashing of the said FIRs, being FIR No.0220/2021 & FIR No. 0181/2021.

All the petitioners are present before this Court and have been identified by their counsel and concerned Investigating Officers. 7.

On a query made by this Court, the complainants who are present before this Court have categorically stated that they have entered into a compromise out of their own free will and volition, without any pressure, coercion or threat. It is also stated that the entire dispute has been amicably The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

settled between the parties vide Settlement Agreement dated 20.05.2024 entered into between them; and the complainants have no objection if the FIRs are quashed.

In view of the above 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. 9.

Accordingly, FIRs, bearing No.0220/2021, registered at Police Station South Rohini, Delhi for offences punishable under Sections 354/509/34 of the IPC and another FIR bearing No. 0181/2021, registered at Police Station South Rohini, Delhi for offences punishable under Sections 354/354B/509/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

10.

The petitions stand disposed of.

11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 29, 2024/at 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.