Chote Lal Mehto v. State Of NCT Of Delhi & ANR.

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7789/2024 CHOTE LAL MEHTO .....Petitioner Through:

Mr.Vinayak Bhandari, Adv.

(DHCLSC) with petitioner through VC versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms.Kiran Bairwa, APP for the State Respondent no.1 in person.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 03.10.2024

1. The present petition has been filed for quashing of case FIR no.353 dated 12.08.2016 registered under Section 354/323/324/506 IPC at PS Gandhi Nagar and all the other proceedings emanating therefrom.

2. Present FIR was lodged on the statement of respondent no.2 wherein she had alleged that petitioner abused her and had also beaten and molested her. On the complaint the aforesaid FIR was registered.

3. Learned counsel for the petitioners submit that both the parties are known to each other and have amicably resolved all their disputes with the help and intervention of well-wishers and common friends.

4. Learned counsel submits that the parties entered into settlement voluntarily without any fear, force or coercion. The petitioner has filed a NOC of respondent no.2 stating that on mutual settlement, both The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the parties have resolved their dispute and have agreed to withdraw the ongoing proceedings against each other. The respondent no.2 is present in court and states that she has entered into the settlement voluntarily with her own free will without any fear, force or coercion, and states that she has no objection if FIR no.353 dated 12.08.2016 registered under Section 354/323/324/506 IPC at PS Gandhi Nagar and all the other proceedings emanating therefrom is quashed. The Statement of respondent no.2 has also been recorded today separately. I.O. has identified the complainant and the petitioner.

5. It is settled that the inherent powers under section 482 of the Code of Criminal Procedure, 1973 are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties.

6. In the case of Narinder Singh & Ors. V. State of Punjab & Anr. (2014) 6 SCC 466 it was inter alia held that criminal cases having overwhelmingly and predominantly civil character should be quashed when the parties have resolved their entire disputes among themselves. Therefore, in the present case, predominantly it is a private dispute and parties have settled the matter.

7. Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8. In view of the settlement, FIR no.353 dated 12.08.2016 registered under Section 354/323/324/506 IPC at PS Gandhi Nagar and all the other proceedings emanating therefrom is quashed.

9. The present petition along with all the pending applications, if any, stand disposed of.

DINESH KUMAR SHARMA, J OCTOBER 3, 2024 rb/ht The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.