Prem Dutt Sharma & ANR. v. State Govt Of NCT Of Delhi & ANR.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5477/2022 & CRL.M.A. 21782/2022 PREM DUTT SHARMA & ANR.

..... Petitioners Through:

Mr.Anmol Singh, Adv.

versus STATE GOVT OF NCT OF DELHI & ANR.

..... Respondents Through:

Ms.Priyanka Dalal, APP Mr.Ranjan Kumar, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 12.02.2024 1.

This petition has been filed under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No. 0422/2019 registered at Police Station: Mehrauli, South District, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

2.

The learned counsel for the petitioners submits that the parties have amicably settled their inter se disputes and have executed Mediation Settlement dated 26.07.2019 and Settlement Agreement dated 21.12.2023.

3.

The learned counsel for the petitioners has also handed over a demand draft of Rs.1.50 lacs to the respondent no.2, who is present in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

person and has been duly identified by the learned counsel for the petitioners. The respondent no.2 affirms that she has settled all the disputes with the petitioners 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.

4.

I have perused the contents of the FIR and also the settlement between the parties.

5.

Keeping in view the fact that 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 the chances of its success will be rather minuscule and it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

6.

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 3, 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.

7.

Accordingly, the petition is allowed. FIR No. 0422/2019 registered at Police Station: Mehrauli, South District under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

The petition along with the pending application is disposed of in the above terms.

NAVIN CHAWLA, J FEBRUARY 12, 2024/ns 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.