Neelam Gupta & ORS. v. The State (NCT Of Delhi) & ANR.

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4736/2024 NEELAM GUPTA & ORS.

..... Petitioners Through:

Mr.Anuj Arya, Adv. along with petitioners present in person.

versus THE STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Mr.Aman Usman, APP. along with SI Anugraha, PS Welcome.

Mr.Vikrant Hudda, Adv. for R2 along with respondent no.2 present in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 31.05.2024 CRL.M.A. 17666/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 4736/2024 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.235/2019 registered at Police Station: Welcome, North-East District, Delhi under Sections 323/341/354B/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

3.

Issue notice.

4.

Notice is accepted by Mr.Aman Usman, learned APP and by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Mr.Vikrant Hudda, learned counsel for the respondent no.2. 5.

The petitioners and the respondent no.2 in this petition are family members and the disputes arose out of some petty issues between the parties, which led to the registration of the abovementioned FIR. 6.

The learned counsel for the petitioners submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Compromise Deed dated 08.05.2024. 7.

The respondent no.2 is present in Court in person and has been duly identified by the Investigating Officer (IO) and she reaffirms the above-mentioned settlement and states that she has settled all the disputes with the petitioners 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 and also the settlement between the parties.

9.

Keeping in view the fact that the parties are family members 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 it would create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

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

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.

11.

Accordingly, the petition is allowed. FIR No.235/2019 registered at Police Station: Welcome, North-East District, Delhi under Sections 323/341/354B/34 of IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J MAY 31, 2024/rv/ss 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.