Rajiv Kumar Bhalla & ORS. v. The State NCT Of Delhi And ORS.
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 801/2024 RAJIV KUMAR BHALLA & ORS.
..... Petitioners Through:
Ms.Nandini Singh, Mr.Jaspreet Singh, Advs. with petitioners in person.
versus THE STATE NCT OF DELHI AND ORS. ..... Respondents Through:
Mr. Shoaib Haider, APP with SI Pardeep Kumar.
Respondent no.2 through VC.
Respondent no.3 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 18.03.2024 1.
This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') read with Article 227 of the Constitution of India, seeking quashing of FIR No.137/2007 registered at Police Station: Rajouri Garden, New Delhi, under Sections 323/452/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings emanating therefrom, on the basis of a settlement. 2.
The learned counsel for the petitioner submits that the parties have now amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement/Compromise Deed dated 24.08.2023.
3.
The respondent no.2, who is present in person virtually and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
respondent no.3, who is present in Court, have been duly identified by the Investigating Officer (IO). They affirm the settlement and state that they have settled all the disputes with the petitioners of their own free will and without any coercion. They submit that they have no objection if the present FIR is quashed.
4.
I have perused the contents of the FIR and also the settlement arrived at between the parties.
5.
The disputes between the parties arose due to certain money dispute between the parties. Further the same has now been settled between the petitioners and the respondent nos.2 and 3 vide Settlement Agreement dated 24.08.2023.
6.
As the dispute between the parties has been amicably settled by way of a settlement, and also looking into the nature of the allegations made in the complaint, in my opinion, no useful purpose would be served in keeping the FIR alive. In fact, it would rather create further acrimony between the parties and will be an unnecessary burden on the State Exchequer.
7.
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 Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641; and, State of Haryana & Ors. v. Bhajan Lal & Ors., 1992 Supp (1) SCC 335, 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.
8.
Accordingly, the petition is allowed. FIR No.137/2007 registered at Police Station: Rajouri Garden, New Delhi, under Sections 323/452/34 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
of the IPC and all consequential proceedings emanating therefrom against the petitioners are hereby quashed.
9.
The petitioners undertake that they will pay a total sum of Rs.1,00,000/- as cost to the respondent no.3 within a period of eight weeks from today and they shall also file proof thereof with the Registry of this Court and also supply a copy thereof to the IO, within the said period. In case the proof of payment of costs is not filed by the petitioners within the abovementioned period, the Registry shall place this petition before this Court for appropriate directions. NAVIN CHAWLA, J MARCH 18, 2024/Arya/RP 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.