Sandeep Aggarwal v. The State Govt Of NCT Of Delhi & ANR.
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.6382/2024 SANDEEP AGGARWAL .....Petitioner Through:
Mr.Partap Singh, Mr.Mahipal and Ms.Navneet Sharma, advts.
versus THE STATE .....Respondent Through:
Ms.Meenakshi Dahiya, APP for the State SI Reena, D-6575, PS Prashant Vihar SI Randeep, PS North Rohini Mr.Paranjay Chopra, Advt. For R-2.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R D E R
% 16.08.2024 1.
Present petition has been filed for quashing of case FIR no.367/2016 dated 01.04.2016 registered under Section354A/354B/509 IPC at PS Prashant Vihar and all the other proceedings emanating therefrom. 2.
The present FIR was lodged on statement of respondent no.2/complainant wherein she has alleged that on the day of incident while she was waiting for her husband at around 8.10 p.m the accused came in his Honda Brio Car No.DL-1CP-9707 and stopped the car near her. The complainant further alleged that the accused was looking at her in a bad manner and asked her to accompany him. The complainant called the police on no. 100 and also called her husband. 3.
The complainant alleged that the accused remained seated in his car and waited for a while. After investigation, a charge sheet was filed. 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 27/08/2024 at 11:34:12
The learned trial court framed charges only under Sections 354A and 509 of the IPC. However, the parties now state that they have reached a settlement. Respondent No. 2 has filed an affidavit in which she stated that the matter has been amicably resolved and compromised. 4.
In Gian Singh v. State of Punjab and Another(2012) 10 SCC 303, the Supreme Court inter aliaheld that when considering the quashing of an FIR under Section 482 of the Cr.P.C. due to an amicable settlement between the parties, the court should consider whether it would be unjust or against the interests of justice to continue the criminal proceedings despite the compromise. If the answer is yes, the High Court has the authority to quash the proceedings to bring an end to the dispute and restore peace, as the ultimate goal is to secure justice. However, the Court also emphasized that this discretion does not extend to serious or heinous offenses, such as murder or dacoity, which cannot be quashed even if the victim or their family has reached a settlement with the offender.
5.
Respondent no.2 submits that she does not want to further pursue the present proceedings. IO has identified the parties. 6.
In view of the settlement between the parties, FIR no.367/2016 dated 01.04.2016 registered under Section354A/354B/509 IPC at PS Prashant Vihar and all the other proceedings emanating therefrom is quashed. 7.
The petition stands disposed of.
DINESH KUMAR SHARMA, J AUGUST 16, 2024/rb/na 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 27/08/2024 at 11:34:12