Manish Kataria & ANR. v. The State Government Of Delhi & ANR.
$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 37/2024 & CRL.M.A. 320/2024, 321/2024 MANISH KATARIA & ANR.
..... Petitioners Through:
Mr. Sachin Sani, Adv. with petitioners in person.
versus THE STATE GOVERNMENT OF DELHI & ANR...... Respondents Through:
Mr. Anand V. Khatri, ASC (Crl.) for State with SI Rahul, P.S. IGI Airport.
Mr. Yogendra Kumar Verma and Mr.
Vinayak Batta, Advs. for R-2 with R2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 05.01.2024 1.
The present writ petition under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C seeks quashing of FIR No. 723/2023 under Sections, 323/341/34 of the IPC registered at P.S. IGI Airport.
2.
Learned counsel for the petitioners submits that the aforesaid FIR was registered at the instance of respondent no.2, on account of fight between petitioners and respondent no.2 herein. During the pendency of the investigation of the FIR, the parties have arrived at a compromise vide Compromise Deed dated 21.12.2023. It is pointed out that a cross FIR bearing No. 722/2023, under Sections 323/341/34 of the IPC, at P.S. IGI Airport, New Delhi, registered at the instance of petitioner no.1 herein, which is subject matter of W.P.(CRL) 36/2024 is being disposed of by order The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
of the same date.
3.
Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Rahul, P.S. IGI Airport. 4.
The complainant/respondent no.2 states that the matter has been settled with the petitioners and he has no objection if the FIR is quashed. He further states that all the terms of the compromise deed have been complied with.
5.
In view of the settlement between the parties, learned ASC for the State also has no objection if the present FIR is quashed. 6.
In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
7.
In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 723/2023 under Sections, 323/341/34 of the IPC registered at P.S. IGI Airport.
8.
In the interest of justice, the petition is allowed, and the FIR No. 723/2023 under Sections, 323/341/34 of the IPC registered at P.S. IGI Airport, is hereby quashed subject to cost of Rs. 50,000/- each, to be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
deposited by the petitioners in a consolidated sum of Rs. 1,00,000/- with Delhi High Court Advocates Welfare Trust within 7 working days from today.
9.
Petition is allowed and disposed of accordingly. 10.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J JANUARY 05, 2024/nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.