Gajendra Singh Sekhawat v. State Of NCT Of Delhi And ANR.
$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4765/2024 GAJENDRA SINGH SHEKHAWAT ..... Petitioner Through:
Mr.Vikash K.Singh, Adv.
versus STATE OF NCT OF DELHI AND ANR.
..... Respondents Through:
Mr.Shoaib Haider, APP with W/SI Bala Rani.
Ms.Tusha Chawla, Adv. for R-2 along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 31.05.2024 CRL.M.A. 17826/2024 (exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 4765/2024 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.0688/2015 registered at Police Station: Najafgarh, South-west District, Delhi under Section 509 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.Shoaib Haider, learned APP and Ms.Tusha Chawla, learned counsel for the respondent no.2. 5.
The learned counsel for the petitioner submits that the petitioner and the respondent no.2 were known to each other and the dispute The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
arose out of some misunderstanding between them, which resulted in the registration of the abovementioned FIR.
6.
The learned counsel for the petitioner submits that the parties, that is, the petitioner no.1 and the respondent no.2, have amicably settled all their inter se disputes orally with the intervention of elders of the society and the persons known to the parties, on 10.03.2024 and the respondent no.2 has filed her affidavit affirming the above settlement.
7.
The respondent no.2 is present in person and has been duly identified by the Investigating Officer (IO). The respondent no.2 affirms that she has settled all the disputes with the petitioner 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 the charge-sheet. 9.
As the disputes between the parties arose out of a misunderstanding and now the same have been amicably settled, as also the fact that the respondent no.2 does not wish to pursue her complaint and also looking into the nature of the allegations made in the complaint, in my opinion, no useful purpose would be served in keeping the subject FIR alive. In fact, it would rather 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. State of Gujarat & Ors., (2017) 9 SCC 641; and, State of Haryana & The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 subject FIR and all the proceedings emanating therefrom.
11.
Accordingly, the petition is allowed. FIR No.0688/2015 registered at Police Station: Najafgarh, South-West District, Delhi under Section 509 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner shall deposit costs of Rs.20,000/- with Delhi High Court Legal Services Committee within a period of four weeks from today, and shall file proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, within the said period.
NAVIN CHAWLA, J MAY 31, 2024 RN/vs 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.