Jitender Kumar v. State & ANR.
$~6 & 7 * IN THE HIGH COURT OF DELHI AT NEW DELHI (6) CRL.M.C. 3237/2024 & CRL.M.A. 12480/2024 (7)+ CRL.M.C. 3254/2024 & CRL.M.A. 12541/2024 MANOJ KUMAR ..... Petitioner JITENDER KUMAR ..... Petitioner Through:
Ms.Neha and Mr.Hitharth, Advs. in CRL.M.C. 3237/2024 Mr.Sachin Kaushik and Mr.P.C.
Jain Bilala, Advs. in CRL.M.C.
3254/2024 versus STATE & ANR.
..... Respondents Through:
Mr.Shoaib Haider, APP with SI Ajit Krishna Complainants in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 15.05.2024 1.
These petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.622/2017 registered at Police Station: Gokulpuri, Delhi under Sections 342/354A/451 of the Indian Penal Code, 1860 (in short, 'IPC'), and FIR No. 623/2017 registered at Police Station: Gokulpuri, Delhi under Sections 354/506/509 of the IPC along with all other proceedings arising therefrom, on the basis of a settlement. 2.
The petitioners and the Complainants are next-door neighbours and the disputes arose out of some petty issues between the parties, which led to the filing of the above FIRs.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
The learned counsels for the petitioners submit that the parties have amicably settled their inter se disputes and have entered into a settlement vide Memorandum of Understanding/Settlement dated 10.04.2024.
4.
The Complainants are personally present in Court and have been duly identified by the Investigating Officer ('IO'). They reaffirm the abovementioned settlement and state that they have settled all the disputes with the petitioners out of their own free will and without any coercion. The Complainants submit that they have no objection if the present FIRs are quashed.
5.
I have perused the contents of the FIR and also the settlement between the parties.
6.
Keeping in view the fact that the parties are neighbours and that the disputes have been amicably settled between the parties and the Complainants do not wish to pursue their complaints any further, I find that no useful purpose shall be served in continuing with the proceedings of the present FIRs as it would 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 FIRs and all the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
proceedings emanating therefrom.
8.
Accordingly, the petitions are allowed. Consequently, FIR No.622/2017 and FIR No.623/2017, both registered at Police Station: Gokulpuri, Delhi under Sections 342/354A/451 and under Sections 354/506/509 of the IPC, respectively, 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 four 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 MAY 15, 2024/ns/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.