Sh. Karan Kharbanda v. State And ANR

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7048/2022 SH. KARAN KHARBANDA ..... Petitioner Through:

Ms.Sakshi Jain, Ms.Sakshi Som, Advs. with petitioner in person.

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

Mr.Aman Usman, APP with SI Deepak Phogat.

Son of R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 13.02.2024 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.282/2018 registered at Police Station: I.P. Estate, New Delhi under Sections 279/337 of the Indian Penal Code, 1860 (in short, 'IPC') along with all other proceedings arising therefrom. 2.

The learned counsel for the petitioner submits that parties have amicably settled the disputes as recorded in the order dated 24.02.2020 before the learned Metropolitan Magistrate, Central, Tis Hazari Courts, Delhi. It is further submitted that all claims of the complainant/injured has been settled before the MACT Court. 3.

The son of the injured, who is present in Court, duly identified by the Investigating Officer, does not oppose the present petition and reiterates that the dispute has been amicably settled. 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 17/12/2024 at 15:22:50

4.

I have perused the contents of the FIR and have also interacted with the parties.

5.

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.

6.

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.

7.

Accordingly, the petition is allowed. FIR No.282/2018 registered at Police Station: I.P. Estate, New Delhi under Sections 279/337 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J FEBRUARY 13, 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 17/12/2024 at 15:22:50