Jitender @ Neetu v. State And ANR

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6283/2022 JITENDER @ NEETU ..... Petitioner Through:

Mr.Vineet Jain, Adv.

versus STATE AND ANR ..... Respondents Through:

Mr. Shoaib Haider, APP with SI Ranaja, PS Bindapur, SI Lal Chand PS Mohan Garden.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 01.02.2024 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. 813/2020 registered at Police Station: Mohan Garden, Delhi, under Sections 354/354A/506/509 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement.

2.

It is stated that the petitioner is the step-father of respondent no.2.

3.

The learned counsel for the petitioner submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement/Compromise dated 15.11.2022. 4.

The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer, affirms the settlement and states that she has settled all the disputes with the petitioner out of her own free will and without any coercion. The respondent no.2 submits that he has no objection if the present FIR is quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/08/2024 at 12:42:59

5.

I have perused the contents of the FIR and also the settlement between the parties.

6.

Keeping in view the fact that the respondent no.2 does not wish to pursue the 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.

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. 813/2020 registered at Police Station: Mohan Garden, Delhi, under Sections 354/354A/506/509 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. 9.

The petition is disposed of.

NAVIN CHAWLA, J FEBRUARY 1, 2024/Arya/am 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. The Order is downloaded from the DHC Server on 02/08/2024 at 12:42:59