Vijay Singh And ORS v. The State NCT Of Delhi And ANR

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3625/2023 VIJAY SINGH AND ORS.

..... Petitioners Through:

Mr. Hitesh Kadian, Advocate versus THE STATE NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State with SI Priyanka, P.S.

Ranhola.

Mr. Arun Singh and Mohd. Sarik, Advocates for R-2 along with R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 30.01.2024 1.

The instant petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed by the petitioners seeking quashing of FIR bearing 820/2023, registered at Police Station Ranhola, Delhi, for offences punishable under Sections 323/354/354B/376/34 of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom. 2.

Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State.

3.

Brief facts of the case are that on 28.10.2023, a scuffle had taken place at the house of petitioners and respondent no. 2. On the complaint of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no.2, the present FIR bearing 820/2023 was registered at Police Station Ranhola, Delhi, for offences punishable under Sections 323/354B/376/34 of IPC against the petitioners. It is stated that the entire dispute has been amicably settled/compromised between the parties vide Memorandum of Understanding (MoU) dated 04.12.2023. 4.

Petitioners are present before this Court and have been identified by their counsel Mr. Hitesh Kadian and Investigating Officer (IO) SI Priyanka from Police Station Ranhola, Delhi.

5.

On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled/compromised between the parties vide Memorandum of Understanding (MoU) dated 04.12.2023 entered into between them. Respondent no. 2 further stated that she has no objection if the present FIR is quashed.

6.

The dispute pertains to the victim who is the real sister-in-law of the petitioner no. 1. She states that the present FIR has been lodged under misguidance of one of the relatives. This Court notes that the victim is residing in a joint family even after the incident in question with all the petitioners who are her brother-in-law, mother-in-law, sister-in-law and the husband who is not an accused herein. In case, the present FIR is not quashed, the future life of the victim herein and the children born from the wedlock will be adversely affected. Considering the same, this Court is inclined to quash the present FIR.

7.

In view of the above fact that the parties have amicably resolved their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 8.

Accordingly, FIR bearing 820/2023, registered at Police Station Ranhola, Delhi, for offences punishable under Sections 323/354/354B/376/34 of IPC and all consequential proceedings emanating therefrom are quashed.

9.

The petition stands disposed of.

10.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 30, 2024/zp 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.