Aarish Khan And ANR v. The State NCT Of Delhi And ANR.

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4781/2024 AARISH KHAN AND ANR ..... Petitioners Through:

Ms.Preeti Rani, Adv.

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

Mr.Shoaib Haider, APP with ASI Hemant Kumar.

Ms.Laxmi Mishra, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 31.05.2024 CRL.M.A. 17881/2024 (exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 4781/2024 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.380/2023 registered at Police Station: Jagatpuri, under Sections 382/341/354(B)/323/365/506/509/411/34 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.Shoaib Haider, learned APP and Ms.Laxmi Mishra, learned counsel for the respondent no.2. 5.

The learned counsel for the petitioners submits that the petitioner no.1 and the respondent no.2 were earlier in a relationship. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

The learned counsel for the petitioners submits that the parties, that is, the petitioner no.1 and the respondent no.2, have amicably settled all their inter se disputes vide Settlement Agreement /MOU dated 12.4.2024.

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 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.

As the disputes between the parties arose out of an earlier relationship and now the same have been amicably settled, 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 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 & 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.380/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registered at Police Station:

Jagatpuri, under Sections 382/341/354(b)/323/365/506/509/411/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed.

NAVIN CHAWLA, J MAY 31, 2024 RN 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.