Mukesh & ORS v. The State Govt Of NCT Of Delhi & ORS
$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3299/2017 MUKESH & ORS ..... Petitioners Through:
Mr. Devender Kumar, Advocate alongwith petitioners in person.
versus THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondents Through:
Mr. Amol Sinha, ASC (Criminal) for the State with Mr. Kshitiz Garg, Mr.
Ashvini Kumar & Ms. Chavi Lazarus, Advocates.
SI Sumit, P.S. Begum Pur.
Ms. Kanika Gupta, Advocate for R-2 to R-4.
R-3 and R-4 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 27.05.2024 1.
The present petition filed under Article 226 of the Constitution of India seeks quashing of FIR No. 558/2017, under Sections 452/394/506/34 of the IPC, registered at P.S. Begum Pur, Delhi. 2.
Learned counsel appearing on behalf of the petitioners submits that during the pendency of the investigation, the matter has been settled between the parties vide Memorandum of Understanding dated 27.09.2017. 3.
Status report with regard to the aforesaid settlement has been placed on record.
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4.
The petitioners and respondent nos. 3 and 4 are present before the Court and have been duly identified by the Investigating Officer, SI Sumit, P.S. Begum Pur.
5.
Respondent no. 2 is stated to be hospitalized and his statement has been recorded by the Investigating Officer as reflected in the aforesaid status report.
6.
Learned ASC (criminal) for the State submits that investigation in the present FIR is pending and chargesheet is yet to be filed. In view of the settlement between the parties, learned ASC for the State also has no objection if the present FIR is quashed.
7.
In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
8.
In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 558/2017, under Sections 452/394/506/34 of the IPC, registered at P.S. Begum Pur, Delhi. 9.
In the interest of justice, the petition is allowed, and the FIR No. 558/2017, under Sections 452/394/506/34 of the IPC, registered at P.S. Begum Pur, Delhi, is hereby quashed.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10.
Petition is allowed and disposed of accordingly. 11.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 27, 2024/bsr 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.