Shyam Dev & ANR. v. State NCT Of Dehi And ANR.

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 365/2024 SHYAM DEV & ANR.

..... Petitioners Through:

Ms. Vaishali Singh, Mr. R.N. Tiwari, Mr. Ranjit Kr. Happy, Mr. Avanish Kr. Verma and Mr. Mayur Rexwal, Advocates versus STATE NCT OF DEHI AND ANR.

..... Respondents Through:

Mr. Satish Kumar, APP for the State along with Ms. Nikita Anand, Mr.

Sahil Sharma and Mr. Ashok Kumar Shukla, Advocates and with ASI Vikram Singh, P.S. Karawal Nagar.

Mr. Satish Kumar, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 06.05.2024 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of petitioners seeking quashing of FIR bearing no. 112/2019, registered at Police Station Karawal Nagar, Delhi for the offences punishable under Sections 354/354B/323/34 of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom.

2.

Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of State.

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

3.

It is stated that one of the accused namely Devraj has unfortunately passed away and the factum of the death has been verified by the State. Petitioner no. 1 and 2 are present before this Court and have been identified by their counsel Ms. Vaishali Singh and Investigating Officer (IO) ASI Vikram Singh from Police Station Karawal Nagar, Delhi. 4.

Brief facts of the present case are that, on 21.03.2019 upon the complaint of respondent no. 2, the present FIR bearing no. 112/2019 was registered at Police Station Karawal Nagar Delhi against the petitioners for offences punishable under Sections 354/354B/323/34 of IPC. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes vide Compromise Deed dated 12.12.2023. 5.

On a 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 between the parties vide Compromise Deed dated 12.12.2023. Respondent no. 2 further stated that she has no objection, if the FIR is quashed.

6.

In view of the above fact that the parties have amicably resolved their 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. 7.

Accordingly, FIR bearing no. 112/2019, registered at Police Station Karawal Nagar, Delhi for the offences punishable under Sections The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

354/354B/323/34 of IPC and all consequential proceedings emanating therefrom are quashed, subject to each petitioner depositing a cost of Rs. 2,000/- with Advocates Welfare Fund, Karkardooma Courts, Delhi within ten days.

8.

In view of above, the petition stands disposed of. 9.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 6, 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.