Anil Jain v. Govt. Of NCT Of Delhi And ANR.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6459/2022 ANIL JAIN ..... Petitioner Through:

Mr.Karan Sachdeva, Adv.

along with petitioner present in person.

versus GOVT. OF NCT OF DELHI AND ANR.

..... Respondents Through:

Ms.Priyanka Dalal, APP.

SI Sunny, Ps Roop Nagar.

Ms.Vaishali Goyal, Adv. for R2 along with respondent no.2 present in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 29.01.2024 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. 0085/2019 registered at Police Station: Roop Nagar, North, Delhi under Sections 354/354A/323/509/506 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement.

2.

The learned counsel for the petitioner submits that the parties have amicably settled the disputes and have entered into a settlement vide Settlement Agreement/Compromise dated 20.10.2022. 3.

The respondent no.2, who is present in Court and has been duly 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 30/07/2024 at 12:45:03

identified by the Investigating Officer (IO), affirms the 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. 4.

In view of the above and considering the Settlement arrived at between the parties, I find that there is no use in continuing with the proceedings of the present FIR as it would rather create further acrimony between the parties and will be a misuse of the process of the Court and 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 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.

5.

Accordingly, the petition is allowed. Consequently, the FIR No. 0085/2019 registered at Police Station: Roop Nagar, North, Delhi under Sections 354/354A/323/506/509 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed.

6.

The petition is disposed of the above terms.

NAVIN CHAWLA, J JANUARY 29, 2024/rv 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 30/07/2024 at 12:45:03