Dilpreet Sahi v. State & ORS.

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6260/2022 & CRL.M.A. 24519/2022 DILPREET SAHI ..... Petitioner Through:

Mr.Rakesh Chahar, Ms.Smritee Relan, Advs.

versus STATE & ORS.

..... Respondents Through:

Mr.Satinder Singh Bawa, APP with SI Deepak Vashisht.

R-3 Surender Singh through VC.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 19.01.2024 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.0600/2016 registered at Police Station: Vikas Puri, West-District, New Delhi under Sections 406/420/467/468/471/120B/174A of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement. 2.

Pursuant to the investigation, the charge-sheet has been filed by the police.

3.

In the meantime, the parties, that is, the petitioner and the respondent nos.2 to 4 have settled their inter se disputes and have executed Memorandums of Understanding dated 21.03.2017 and 16.02.2019.

4.

On 04.01.2023, the respondent nos.2 and 4 had appeared before The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

this Court and had stated that they have no objection to the quashing of the FIR qua the petitioner.

5.

Today, the respondent no.3 is present through video conferencing, who has been duly identified by the learned counsel for the petitioner. He affirms the settlement and states that he has no objection to the FIR and consequential proceedings being quashed by this Court.

6.

In view of the above, and considering the Settlement arrived at between the parties, I find that no useful purpose will be served in continuing with the proceedings of the present FIR and it would be an unnecessary burden on the State exchequer. 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 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. 7.

Accordingly, the petition is allowed. FIR No.0600/2016 registered at Police Station: Vikas Puri, West-District, New Delhi under Sections 406/420/467/468/471/120B/174A of the IPC and all consequential proceedings emanating therefrom qua the petitioner are quashed, subject to the condition that the petitioner deposits costs of Rs. 25,000/- 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

counselling/psychological support to the POCSO Victims requiring such assistance.

8.

The petitioner 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 abovesaid period.

9.

The petition is allowed in the above terms.

NAVIN CHAWLA, J JANUARY 19, 2024/Arya/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.