Manohar Singh Alias Monoj And ORS. v. State (NCT Of Delhi) And ANR.
$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6223/2022 MANOHAR SINGH ALIAS MONOJ AND ORS.
..... Petitioner Through:
Mr.Naman Raj Thakur & Mr.Amit Kumar, Advs.
versus STATE (NCT OF DELHI) AND ANR.
..... Respondents Through:
Ms.Priyanka Dalal, APP with SI Naresh Kr. Sharma.
R-2 present through V.C.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 30.01.2024 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.0031/2016 registered at Police Station: Krishna Nagar, EastDistrict, Delhi, under Sections 325/341/356/506/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement.
2.
The petitioners and the respondent no.2 are next door neighbours and the disputes arose out of some petty issues between the parties, which led to the filing of the above FIR. 3.
The learned counsel for the petitioners submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement/Compromise dated 13.09.2022. 4.
The learned counsel for the petitioners submits that, in fact, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
based on the above settlement arrived at between the parties, one of the FIR, that is, FIR No. 30/2016 registered with Police Station: Krishna Nagar, Delhi has already been quashed vide order dated 25.11.2022 of this Court passed in CRL.M.C. 6278/2022 titled as Kamal Dev Sharma and Anr. v. State (NCT Of Delhi) and Anr. 5.
The respondent no.2, who is present in Court (through VC) and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that he has settled all the disputes with the petitioner of his own free will and without any coercion. The respondent no.2 submits that he has no objection if the present FIR is quashed.
6.
I have perused the contents of the FIR and also the settlement between parties.
7.
Keeping in view the fact that parties are neighbours and the respondent no.2 does not wish to pursue his 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. 8.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.
9.
Accordingly, the petition is allowed. FIR No. 0031/2016 registered at Police Station: Krishna Nagar, East-District, Delhi under Sections 325/341/356/509/34 of IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners shall deposit costs of Rs.10,000/- each with the Delhi State Legal Services Authority within a period of two weeks 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.
10.
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.
NAVIN CHAWLA, J JANUARY 30, 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.