Meenat & ORS. v. State -Govt. Of NCT Of Delhi & ORS.

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8249/2024 MEENAT & ORS.

.....Petitioner Through:

Mr.Vijay Kinger, Ms.Ashwani Gehlot and Ms.Roopa Nagpal, Advts. with petitioners in person.

versus STATE -GOVT. OF NCT OF DELHI & ORS.

.....Respondent Through:

Mr.Mukesh Kumar, APP for the State

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 16.12.2024 CRL.M.A. 31524/2024 (exemption) Exemption is allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 8249/2024 1.

The present petition has been filed for quashing of FIR no.362/24 dated 15.05.2024 under Section 308/323/34 IPC at Ps Seema Puri and all the proceedings emanating therefrom.

2.

Briefly stated facts of the case are that the above-mentioned FIR was lodged on the statement of the complainant/respondent No.2. The parties have a relationship of landlord and tenant. The FIR was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registered as a result of the quarrel that took place between the parties pertaining to the evacuation of rented premises wherein the complainant/respondent no 2 received minor injuries. 3.

Learned counsel for the petitioner submits that the matter has been settled between the parties vide settlement deed dated 12.09.2024 on the following terms and conditions:

1. It is admitted that this settlement has been arrived between the parties without any pressure with free consent and also both the parties will help each other to quash the above said FIR before the Hon'ble High Court of Delhi at New Delhi with intervention of respectable persons, mutual friends and well wishers both the parties have amicably settled / compromised their all disputes related to the above-said FIR(s) and both the parties would not claim anything thereafter in respect of compounding and full and final settlement of the said matter and shall not claim anything from each other with regards to the above said FIR.

2. Both the parties undertake to cooperate each other in getting quashed the above said FIR before the Hon'ble High Court of Delhi

3. The above compromise/ MOU between the parties has been made out of their independent free will and without any pressure, force, fraud, coercion or undue influence from either side or by any third person

4. Both the parties shall withdraw all the litigations/cases pending against each other and also will not file/ lodge any case/ complaint against each other in further.

5. It is also agreed between the parties that they will not file any proceedings against each other with respect to the above said FIR before any Court of Law or any authority and they want to forget each and every thing with respect to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

this issue for the betterment of both the parties. 4.

Respondent No.2 is present in Court and is identified by the Investigating Officer. Respondent No.2 states that he has entered into the settlement amicably and voluntarily without any fear, force or coercion.

5.

The High Court is the highest court of the State and is conferred with the power of control and superintendence over all courts subordinate to it. Besides Articles 226 and 227, Section 482 CrPC also acknowledges the inherent power of the high court to secure the ends of justice. In cases where the offences are not compoundable in nature, the parties on account of an amicable settlement invoke the inherent power under Section 482 Cr.P.C. for quashing the proceedings on the plea that continuance thereof would merely be an abuse of process of law. 6.

It has repeatedly been held by the Courts that if the dispute is private in nature and parties have entered into the settlement at their own free will, the quashing of the proceedings may be done. However, the Courts have to satisfy themselves that the settlement so entered into is within the four corners of the law.

7.

Taking into account the totality of facts and circumstances, the case FIR no.362/24 dated 15.05.2024 under Section 308/323/34 IPC at Ps Seema Puri and all the proceedings emanating therefrom are quashed. 8.

The present petition stands disposed of.

DINESH KUMAR SHARMA, J DECEMBER 16, 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.