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High Court of DelhiCRL.M.C./678/2024

Mukesh Kumar & ANR. v. State Of NCT And ORS.

2024-01-29Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 678/2024 MUKESH KUMAR & ANR.

..... Petitioners Through:

Mr. Satender Kumar and Mr. Bharat Saini, Advocates along with petitioners.

versus STATE OF NCT AND ORS.

..... Respondents Through:

Mr. Satish Kumar, APP for the State with IO, P.S. Sonia Vihar.

Mr. Vipin Dilwari, Advocate for R-2 along with R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 29.01.2024 CRL.M.A. 2764/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 678/2024 3.

The present petition Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been instituted on behalf of the petitioners seeking quashing of FIR bearing No. 111/2014, registered at Police Station Sonia Vihar, Delhi for offences punishable under Sections 323/354/452/34 of the Indian Penal Code, 1860 („IPC‟).

4.

Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of the State.

5.

All the petitioners are present before this Court and have been identified by their counsel Mr. Satender Kumar and Investigating Officer (IO) from Police Station Sonia Vihar, Delhi.

6.

Brief facts of the case as per the petition are, that on 22.03.2014, the present FIR was registered against the petitioners under Sections 323/354/452/34 of Indian Penal Code, 1860 („IPC‟) on the complaint of respondent no. 2. It is stated that chargesheet has been filed in this case on 06.10.2015. It is stated that during the pendency of the case, both the parties have amicably settled their disputes vide Settlement Deed dated 29.07.2019. 7.

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 Settlement Deed dated 29.07.2019 entered into between them.

8.

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. 9.

Accordingly, FIR bearing No. 111/2014, registered at Police Station Sonia Vihar, Delhi for offences punishable under Sections 323/354/452/34 of IPC and all consequential proceedings emanating therefrom are quashed, subject to each petitioner depositing a sum of Rs. 5,000/- with Advocates The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Welfare Fund, Karkardooma Courts, New Delhi within ten days. 10.

In view of the above, the present petition stands disposed of. 11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 29, 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.