Bharat Bhushan @ Rahul v. The State (NCT Of Delhi) & ANR.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5633/2022 BHARAT BHUSHAN @ RAHUL ..... Petitioner Through:

Ms.Sonia Dhariwal & Mr.Kunal Khanna, Advs. along with petitioner in person.

versus THE STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Ms.Priyanka Dalal, APP.

SI Shashi, PS Gulabi Bagh.

Respondent no.2, present in person through V.C.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 15.02.2024 1.

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.0344/2015 registered at Police Station: Gulabi Bagh, NorthDistrict, Delhi under Sections 354/354A/509 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 petitioner submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Compromise / Settlement Deed dated 01.10.2022. 3.

The respondent no.2, who is present through VC and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that she has settled all the disputes with the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner 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 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. 0344/2015 registered at Police Station: Gulabi Bagh, North-District, Delhi under Sections 354/354A/509 of IPC and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner shall deposit costs of Rs.2,00,000/- with the Delhi State Legal Services Authority within a period of six weeks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

from today, and file proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, within the said period. 8.

The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing counselling/psychological support to the POCSO Victims requiring such assistance.

9.

The petition is disposed of in the above terms. NAVIN CHAWLA, J FEBRUARY 15, 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.