Pinki Shehrawat & ORS. v. State Of NCT Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ PINKI SHEHRAWAT & ORS.

.....Petitioners Through:

Mr. Viraj R. Datar, Senior Advocate with Mr. K.K.

Singh, Advocate.

versus STATE OF NCT DELHI & ORS.

.....Respondents Through:

Mr. Rahul Tyagi, ASC for the State with SI Amar Singh, PS Kishangarh.

Mr. Jasbir Singh Malik and Ms.

Rhythm Bhardwaj, Advocates for R-2 and 3.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 19.12.2024 CRL.M.A. 27336/2024 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

3.

The present petition is filed seeking quashing of FIR No. 158/2024 dated 03.06.2024, registered at Police Station Kishan Garh, for offences under Sections 323/341/506/34 of the Indian Penal Code, 1860 ('IPC'). The FIR was registered on a complaint made by Respondent No. 2.

4.

It is alleged that on 26.05.2024, when some construction was being carried out by Respondent No.2's employer and the other accused persons started abusing the labourers and masons. When Respondent No.2 intervened, she was also abused and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

beaten by the accused persons. It is alleged that Respondent No.4, who is Respondent No.2's friend, was also hit on her head with a stick and abused. Respondent No.3 also sustained simple injuries in the incident. This led to registration of the present FIR.

5.

The learned counsel for the petitioners submits that the matter has been amicably settled and the parties want to move on in their lives. He submits that the cross-FIR No. 157/2024 has been quashed by this Court by order dated 18.09.2024, passed in W.P.(CRL) 2887/2024.

6.

He further submits that the altercation arose due to a petty dispute and the petitioners have tendered their unconditional apology. He submits that the petitioners undertake to not indulge in any such activities in the future.

7.

The present petition is filed on the ground that the petitioners and Respondent Nos. 2 and 3 have amicably settled their disputes by way of Settlement Agreement dated 29.08.2024, on their own free will, without any coercion, undue influence, pressure or threat.

8.

This Court by order dated 01.10.2024 had noted the submission of Respondent Nos. 2 and 3 that they have settled their disputes and they do not wish to pursue any proceedings arising out of the present FIR.

9.

Multiple opportunities were granted by this Court to Respondent No.4 to join the proceedings, despite which, she has not appeared before this Court.

10.

On being pointedly asked, the Investigating Officer has informed that Respondent No.4 was informed about the date of hearing in the present matter. However, she is not present today. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

It appears that she is not interested in the proceedings of the present case.

11.

It is also pointed out that although Respondent No. 4 was impleaded in the present case, however, her statement was never recorded by the prosecution at any stage in relation to the FIR and she is not a victim in the incident.

12.

In such circumstances, this Court considers it apposite to proceed with the matter in the absence of Respondent No.4. 13.

Offences under Sections 323/341/506 of the IPC are compoundable in nature.

14.

This Court is of the opinion that no useful purpose would be served by relegating the parties to the learned Trial Court for filing an application to compound the offence. 15.

Keeping in view the nature of dispute and the fact that the parties have amicably settled the dispute, this Court feels that no useful purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court.

16.

In view of the above, FIR No. 158/2024 and all consequential proceedings arising therefrom are quashed. 17.

The present petition is allowed in aforesaid terms. AMIT MAHAJAN, J DECEMBER 19, 2024 DU The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.