Vishal Nagar v. State Govt Of NCT Of Delhi & ANR.

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 275/2024 VISHAL NAGAR ..... Petitioner Through:

Mr.Prashant Vashist, Adv. with petitioner in person.

versus STATE GOVT OF NCT OF DELHI & ANR. ..... Respondents Through:

Mr.Sanjay Lao, SC (Crl), Mr.Abhinav Kumar Arya, Adv.

with SI Shiv Singh.

The complainant in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 25.01.2024 CRL.M.A. 2492/2024 (Exemption) 1.

Allowed, subject to all just exception.

W.P.(CRL) 275/2024 2.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No. 145/2022 registered at Police Station: Defence Colony, New Delhi under Sections 420/468/471/34 of the Indian Penal Code, 1860 (in short, 'IPC') along with all other proceedings arising therefrom. 3.

The learned counsel for the petitioner submits that the parties have amicably settled the disputes and a Memorandum of Undertaking dated 24.01.2023 has been executed between them. 4.

The complainant, who is present in Court, duly identified by the Investigating Officer, has affirmed the said settlement and has no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

objection to the quashing of the subject FIR. 5.

In view of the above, and considering the Settlement between the parties, I find that there is no use in continuing with the proceedings of the present FIR as it would rather create further acrimony between the parties and will be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Keeping in mind the facts of the present case and being guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bimsinh Karmur & Ors. v. State of Gujarat & Ors. and (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom. 6.

Accordingly, the petition is allowed. Consequently, the FIR No. 145/2022 registered at Police Station: Defence Colony, New Delhi under Sections 420/468/471/34 of IPC and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner deposits costs of Rs.1,50,000/- with Delhi State Legal Services Authority within a period of three weeks from today. The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing counselling/psychological support to the POCSO Victims requiring such assistance.

7.

The petitioner shall file, with the Registry of this Court, proof of such deposit of the above costs and also supply a copy thereof to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the concerned IO within the said period.

8.

The petition is disposed of in the above terms. NAVIN CHAWLA, J JANUARY 25, 2024/Arya/am 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.