Bhavna Prakash & ORS. v. State & ANR.
$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2629/2023 BHAVNA PRAKASH & ORS.
..... Petitioners Through:
Mr. Kapil Tyagi and Mr. Vimal Tyagi, Advocates versus STATE & ANR.
..... Respondents Through:
Mr. Amol Sinha, ASC for the State with IO, P.S. Shakarpur, Delhi.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 08.01.2024 1.
The instant writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed by the petitioners seeking quashing of FIR bearing no. 0673/2023, registered at Police Station Shakarpur, Delhi for offences punishable under Sections 323/341/354/509/34 of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom. 2.
Petitioners are present before this Court and have been identified by their counsel Mr. Kapil Tyagi and Investigating Officer (IO) from Police Station Shakarpur, Delhi.
3.
Brief facts of the case are that on 29.08.2023, petitioner no. 1 had some altercation with respondent no. 1 where they abused each other and someone had called the police officials of Police Station Shakarpur, Delhi. On 29.08.2023, the present FIR bearing no. 0673/2023, registered at Police Station Shakarpur, Delhi for offences punishable under Sections 323/341/354/509/34 of IPC against the petitioners. 4.
It is stated that the entire dispute has been amicably settled between 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 13/05/2024 at 12:29:27
the parties vide Memorandum of Understanding dated 05.09.2023. 5.
On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties vide Memorandum of Understanding dated 05.09.2023. Respondent no. 2 further stated that she has no objection if the FIR is quashed.
6.
Compliance report has been filed in reference of order dated 14.09.2023.
7.
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. 8.
Accordingly, FIR bearing no. 0673/2023, registered at Police Station Shakarpur, Delhi for offences punishable under Sections 323/341/354/509/34 of IPC and all consequential proceedings emanating therefrom are quashed.
9.
The petition stands disposed of.
10.
The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 8, 2024/zp 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 13/05/2024 at 12:29:27