Vijay Singh Sandhu v. State Of NCT Of Delhi & ANR.

$~78 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6418/2024 VIJAY SINGH SANDHU .....Petitioner Through:

Mr. Rahul Kumar, Advocate.

Petitioner through VC.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Hemant Mehla, APP for State.

Respondent No.2 through VC.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 20.08.2024 CRL.M.As. 24549/2024, 24550/2024 (Exemptions) 1.

Allowed, subject to all just exceptions.

2.

The applications are disposed of.

CRL.M.C. 6418/2024 3.

The present Petition under Section 482 of the Code of Civil Procedure, 1973 (hereinafter referred to as "Cr.P.C., 1973") has been filed on behalf of the petitioner seeking to quash the FIR No. 114/2014 registered under Sections 354/506/509 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Vasant Vihar, Delhi. 4.

Brief facts of the case are that on 12.02.2014, the petitioner and his wife and Bailiff, Shri Mool Chand went to the premises owned by the petitioner i.e., First Floor, No. 1, Basant Lok, Vasant Vihar, Delhi to seek possession of the said property as per the orders of Executing Court. 5.

The respondent No. 2 filed the Complaint dated 12.02.2014 against the petitioner on the basis of which, an FIR No. 114/2014 was registered under Sections 354/506/509 of IPC, 1860 at Police Station Vasant Vihar, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Delhi. The petitioner's wife, namely, Smt. Rajbir Kaur Sandhu, also filed the complaint on the same day i.e., 12.02.2014 and on the basis of her complaint, the FIR No.

115/2014 was registered under Sections 354/506/509/34 of IPC, 1860 at Police Station Vasant Vihar, Delhi. In the said cross FIRs, the Chargesheets have been filed which are pending adjudication before the learned Trial Court, Delhi. 6.

It is also submitted that the parties have settled all the disputes and differences between them vide Settlement Agreement dated 28.05.2024 which inter alia states that: - (i) That the parties have entered into this Agreement to ensure that the cross FIRs shall be quashed, (ii) That the parties shall not initiate any further litigation before any forum with respect to cross FIRs i.e., FIR No. 114/2014 and FIR No. 115/2014 filed by them against each other, (iii) That the Execution Petition No. 5376/2016 and further proceedings related to it shall remain continued as this Settlement has no bearing on the same, (iv) That the parties shall remain bound the terms of the Settlement. 7.

In view of the Settlement Agreement dated 28.05.2024, the present petition has been filed.

8.

It is submitted that the parties are in the process of filing the petition for quashing of FIR No. 115/2014 registered under Sections 354/506/509/34 of IPC, 1860 at Police Station Vasant Vihar, Delhi. 9.

The petitioner and respondent No. 2 are appearing through video conferencing today, and they have been identified by their counsel and Investigating Officer concerned.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The parties have submitted that all the disputes have been amicably settled vide Settlement Agreement dated 28.05.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 11.

The present petition has been signed by the petitioner and is supported by his affidavit. The parties have endorsed and reaffirmed the terms of the settlement and they also submit that the said settlement has been arrived at between the parties without any pressure and coercion. 12.

Today, the complainant/respondent No. 2, who is present in the Court, states that she has settled all the disputes with the petitioner and has no objection if the FIR is quashed.

13.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

14.

Moreover, there is no legal impediment in quashing the FIR in question.

15.

Accordingly, FIR bearing No. 114/2014 registered at Police Station Vasant Vihar, Delhi, for offences punishable under Sections 354/506/509 of IPC, 1860 and the Chargesheet and all consequential proceedings emanating therefrom are quashed.

16.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J AUGUST 20, 2024 S.Sharma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.