Ashish Singh v. State Of N.C.T. Of Delhi And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 174/2024 ASHISH SINGH .....Petitioner Through:

Mr.

Parmeet Singh, Mr.

Tushar Sharma & Ms.

Meesha Bhabra, Advocates with petitioner in person.

versus STATE OF N.C.T. OF DELHI AND ANR .....Respondents Through:

Mr. Anand V. Khatri, ASC, Crl. for State.

Ms. Pushpanjali Gupta, Advocate for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 10.07.2024 1.

The present Petition under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C., 1973") has been filed on behalf of the petitioner seeking to quash the FIR No. 325/2018 registered under Section 354(A) of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Prashant Vihar, Delhi.

2.

Issue notice.

3.

Mr. Anand V. Khatri, learned Additional Standing Counsel appearing on advance notice, accepts notice on behalf of the State. 4.

Ms. Pushpanjali Gupta, learned counsel appearing on advance notice, accepts notice on behalf of the respondent No. 2. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Brief facts of the case are that the petitioner and the respondent No. 2 were known to each other and due to some misunderstanding and some dispute between them, and on the complaint of respondent No. 2, the impugned FIR No. 325/2018 has been registered on 05.07.2018 registered under Section 354(A) of IPC, 1860 at Police Station Prashant Vihar, Delhi. 6.

It is submitted that during the pendency of the litigations, with the intervention of near and dear ones, the parties, with the mutual consent, have amicably settled all the disputes and differences between them vide Settlement Deed dated 11.08.2023 which inter alia states that: - (i) That the petitioner shall not try to contact the respondent No. 2 in any manner, namely, social media, internet, mobile, physical appearance or through any person or any other medium, (ii) That the petitioner shall not try to influence the personal life of the respondent No. 2 in future, (iii) The settlement has been arrived at between the parties without any monetary consideration, (iv) That the petitioner shall not upload any picture, video or call recording which is related to respondent No. 2. 7.

In view of the Settlement Deed dated 11.08.2023, the present petition has been filed.

8.

The petitioner and respondent No. 2 are present before this Court in-person today, and they have been identified by their counsel and Investigating Officer concerned.

9.

The parties have submitted that all the disputes have been amicably settled vide Settlement Deed dated 11.08.2023 and thus, no fruitful purpose will be served in continuing with the FIR.

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

10.

The present petition has been signed by the petitioner and is supported by his affidavit. The parties have 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.

11.

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

12.

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 also the fact that the present matter is a family matter, 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. 13.

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

14.

Accordingly, FIR bearing No. 325/2018 registered at Police Station Prashant, Delhi, for offences punishable under Sections 354(A) of IPC, 1860 and all consequential proceedings emanating therefrom are quashed. 15.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J JULY 10, 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.