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High Court of DelhiCRL.M.C./1874/2024

Ravinder And ORS v. State Through Sho Ps Dabri And ANR

2024-03-05Hon'Ble Mr. Justice Navin Chawla3 pages

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1874/2024 RAVINDER AND ORS ..... Petitioners Through:

Mr.Paramveer Singh, Adv.

along with P-1 in person.

versus STATE THROUGH SHO PS DABRI AND ANR ..... Respondents Through:

Mr.S.S.Bawa, APP with SI Naresh Kumar.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 05.03.2024 CRL.M.A. 7128/2024 (exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.A. 7129/2024 2.

This is an application seeking condonation of 376 days delay in re-filing the present petition.

3.

For the reasons stated in the application, the delay is condoned. 4.

The application is disposed of.

CRL.M.C. 1874/2024 5.

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.610/2015 registered at Police Station: Dabri, under Sections 323/341/354A/506/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

therefrom, on the basis of settlement.

6.

The dispute arose out of some petty issues between the parties, due to which a quarrel took place between them, resulting in some injuries, which led to the filing of the abovementioned FIR. 7.

The learned counsel for the petitioners submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement dated 18.10.2021. 8.

The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that she has settled all the disputes with the petitioners out of her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed.

9.

I have perused the contents of the FIR and also the settlement between parties.

10. Keeping in view the fact that the parties have settled the disputes and the respondent no.2 does not wish to pursue her complaint any further, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as the chances of its success will be rather minuscule and it would create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

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

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.

12. Accordingly, the petition is allowed. FIR No.610/2015 registered at Police Station: Dabri, under Sections 323/341/354A/506/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners shall deposit costs of Rs.15,000/- each with the Delhi High Court Bar Clerks' Association within a period of two weeks from today, and file proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, within the said period.

NAVIN CHAWLA, J MARCH 5, 2024 RN/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.