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High Court of DelhiCRL.M.C./5832/2022

Mohd. Farhan v. State Of NCT Of Delhi And ANR.

2024-02-05Hon'Ble Mr. Justice Navin Chawla3 pages

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5832/2022 MOHD. FARHAN ..... Petitioner Through:

Mr.Neeraj Dahiya, Adv.

versus STATE OF NCT OF DELHI AND ANR.

..... Respondents Through:

Ms.Priyanka Dalal, APP with Insp. Mahender.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 05.02.2024 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.464/2020 registered at Police Station: Mukherjee Nagar, North-West District, Delhi under Sections 354A/354D/506/509 of the IPC along with all other proceedings arising therefrom, on the basis of settlement.

2.

The learned counsel for the petitioner submits that the petitioner and the respondent no.2/complainant were pursuing their LL.B. from Maharishi Dayanand University, Rohtak, Haryana and the dispute arose out of some misunderstanding between the two from a confrontation at a coaching institute at Mukherjee Nagar, Delhi which led to the filing of the above FIR.

3.

The learned counsel for the petitioner submits that the parties, that is, petitioner and the respondent no.2 have amicably settled their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

inter se disputes and have entered into a settlement vide Settlement Deed/Compromise dated 01.10.2022.

4.

The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer (IO), reaffirms the abovementioned settlement and states that she has settled all the disputes with the 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.

5.

I have perused the contents of the FIR and also the settlement between the petitioner and the respondent no.2. 6.

Keeping in view the fact that the parties were students and 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 will be an unnecessary burden on the State exchequer. 7.

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.

8.

Accordingly, the petition is allowed. FIR No.464/2020 registered at Police Station: Mukherjee Nagar, North-West District, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Delhi under Sections 354A/354D/506/509 IPC and all consequential proceedings emanating therefrom against the petitioner are quashed. 9.

The petition is disposed of.

NAVIN CHAWLA, J FEBRUARY 5, 2024 RN/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.