Aakash Singh & ORS. v. State (NCT Of Delhi) & ANR.
$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5802/2022 & CRL.M.A. 22825/2022, CRL.M.A. 22827/2022 AAKASH SINGH & ORS.
..... Petitioners Through:
Mr.Sanjeev Kumar Dubey, Sr.
Adv.
with Mr.Rajmangal Kumar, Mr.Asif Inam, Mr.Suyash Gupta & Ms.Pushpam Arya, Advs.
versus STATE (NCT OF DELHI) & ANR.
..... Respondents Through:
Ms.Priyanka Dalal, APP along with SI Robin Khatana, PS Moti Nagar.
Mr.D. Hasija, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 23.01.2024 CRL.M.A. 22827/2022 (Delay in Re-filing) 1.
This application has been filed seeking condonation of delay of 70 days in re-filing the petition.
2.
For the reasons stated in the application, the same is allowed. The delay in re-filing the petition is condoned. 3.
The application is disposed of in the above terms. CRL.M.C. 5802/2022 & CRL.M.A. 22825/2022 4.
This petition has been filed under Section 482 of the Code of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.579/2016 registered at Police Station: Moti Nagar, Delhi, under Sections 323/506/34 of the Indian Penal Code, 1860 (in short, 'IPC') and all the proceedings emanating therefrom.
5.
The learned counsels for the parties submit that the parties, that are, the petitioners and the respondent no.2 have, now, amicably resolved their inter se disputes and have executed a Memorandum of Understanding / Settlement Agreement dated 28.07.2022. 6.
The respondent no.2 is present in person in court and has been duly identified by the Investigating Officer (IO). He reaffirms the abovementioned settlement between the parties and states that he has no objection with the FIR and consequential proceedings being quashed by this Court.
7.
I have perused the contents of the FIR, the Settlement Agreement as also the Status Report filed by the respondent/State. 8.
As the disputes between the parties have been amicably settled between the parties and the facts of the present case disclose that the injuries sustained by the complainants are simple and minor in nature, in my opinion, no useful purpose would be served in keeping the FIR alive. In fact, it would lead to further wastage of time not only of the prosecution but also of the Courts and will be an unnecessary burden on the State exchequer.
9.
In view of the above, and considering the Settlement arrived at between the parties, and 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 Bimsinh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Karmur & Ors. v. State of Gujarat & Ors. and (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.
10.
Accordingly, the petition is allowed. The FIR No.579/2016 registered at Police Station: Moti Nagar, Delhi, under Sections 323/506/34 of the IPC and all consequential proceedings emanating therefrom qua the petitioners are quashed, subject to the condition that the petitioners deposit costs of Rs.5,000/- each with the Delhi State Legal Services Authority within a period of two weeks from today. The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing support to the Acid Attack Victims requiring such assistance.
11.
The petitioners shall file, with the Registry of this Court, proof of deposit of the above costs and also supply a copy thereof to the concerned IO, within the aforementioned period. 12.
The petition is allowed in the above terms. The pending application is also disposed of being rendered infructuous. NAVIN CHAWLA, J JANUARY 23, 2024/rv/AS 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.