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High Court of DelhiCRL.M.C./9300/2024

Rajeev Malhotra v. State Govt. Of NCT Of Delhi And ANR.

2024-11-28Hon'Ble Mr. Justice Jasmeet Singh3 pages

$~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9300/2024 RAJEEV MALHOTRA .....Petitioner Through:

Mr Shashank Sharma, Adv.

Petitioner-in-person.

versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through:

Mr Nawal Kishore Jha, APP for State SI Anita Kumari, DPA Dwarka Ms Aanchal and Mr Dewa Paljor, Advs. for R-2.

R-2 in person (through VC)

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 28.11.2024 CRL.M.A. 35672/2024 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

CRL.M.C. 9300/2024 3.

This is a petition seeking quashing of FIR No. 24/2020, under Sections 354-A/509 IPC, registered at Police Station - IGI Airport and consequential proceedings emanating therefrom. 4.

As per the FIR, it is alleged that the petitioner misbehaved with the respondent No.2 during the flight, which lead to registration of the FIR. 5.

It is stated by the petitioner that the incident occurred due to some misunderstanding.

6.

The petitioner is present in Court and has been identified by his The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

counsel Mr Shashank Sharma.

7.

The respondent No.2/prosecutrix is also present in Court through VC and has been identified by the Investigating Officer SI Anita Kumari, DPA Dwarka.

8.

During the pendency of the proceedings, the parties have arrived at a settlement dated 19.11.2024 wherein the parties have resolved their disputes and the respondent No.2 has agreed that she will cooperate in quashing of the FIR. The respondent No.2 states that she does not wish to prosecute the FIR any further and wants to put a quietus to the entire matter. The petitioner also regrets his action and undertakes to never repeat the same in future.

9.

Both the parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion. It is stated by respondent No.2 that she has no objection if the FIR is quashed.

10.

Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings. 11.

However, I am of the view that considerable time of the police and judicial time has been wasted as the FIR is of the year 2020. The police machinery has been put in motion on account of the acts of commission & omission on behalf of the parties and useful time of the police which could have been utilised for important matters has been misdirected towards this The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

case. Hence, the petitioner must pay costs.

12.

For the reasons stated above, FIR No. 24/2020, under Sections 354A/509 IPC, registered at Police Station - IGI Airport and consequential proceedings emanating therefrom are hereby quashed subject to payment of cost of Rs. 45,000/- by the petitioner to respondent No.2/prosecutrix within a period of four weeks from today and depositing an amount of Rs. 45,000/- with Delhi High Court Bar Association within a period of four weeks from today.

13.

The proof of payment of cost shall be filed in the Registry within 6 weeks and in case the same is not furnished, this file be put up before the Court.

14.

The petition is disposed of accordingly.

JASMEET SINGH, J NOVEMBER 28, 2024 sr 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.