Jai Bhagwan & ORS. v. State N.C.T Of Delhi & ANR.
$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6330/2022 JAI BHAGWAN & ORS.
..... Petitioners Through:
Mr.Sameer Sharma, Adv.
Petitioners through VC.
versus STATE N.C.T OF DELHI & ANR.
..... Respondents Through:
Ms.Priyanka Dalal, APP with SI Hemant.
Respondent no.2 through VC.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 04.04.2024 1.
This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of order dated 18.08.2020 (hereinafter referred to as the 'Impugned Order'), passed by the learned Metropolitan Magistrate-08, WestDistrict, Tis Hazari Courts, Delhi (hereinafter referred to as the 'Trial Court') whereby the learned Trial Court had taken cognizance and summoned the petitioners in the FIR No. 0008/2020 registered at Police Station: Paschim Vihar West, Outer-District, Delhi under Sections 323/341/506/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.
2.
The learned counsel for the petitioners submits that the subject FIR has been registered as a counter blast to the FIR lodged by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
petitioner no.5 against the respondent no.2 being FIR No. 62/2019 dated 09.02.2019, under Sections 506 and 509 of the IPC registered at Police Station: Mianwali Nagar, Delhi.
3.
He submits that the parties, that is, the petitioners and the respondent no.2, have amicably settled their inter se disputes and have entered into a settlement vide Memorandum of Understanding dated 15.10.2022 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi.
4.
The respondent no.2 appears virtually and has been duly identified by the Investigating Officer ('IO'). He reaffirms the abovementioned settlement and states that he has settled all the disputes with the petitioners out 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.
5.
I have perused the contents of the FIR and also the settlement between the parties.
6.
Keeping in view the fact that the disputes have been amicably settled between the petitioners and the respondent no.2 and the respondent no.2 does not wish to pursue his complaint any further, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as it would 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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
State of Gujarat & Ors. (2017) 9 SCC 641; and, State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335, 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. The Impugned Order dated 18.08.2020 of the learned Trial Court is set aside. Consequently FIR No.0008/2020 registered at Police Station: Paschim Vihar West, Outer District, Delhi under Sections 323/341/506/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners shall deposit costs of Rs.25,000/- each with the "NAB India Centre for Blind Women & Disability Studies", RBL Bank Limited, Barakhamba, New Delhi, Account No.1150350, IFSC-RATN0000100, within a period of four 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.
NAVIN CHAWLA, J APRIL 4, 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.