W.P.(CRL)/595/2024 of POOJA ANAND Vs THE STATE GOVT OF NCT OF DELHI AND ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(CRL) 595/2024 POOJA ANAND ..... Petitioner Through: Mr.Saroj Kr.Jha, Adv.

versus

THE STATE GOVT OF NCT OF DELHI AND ANR.

..... Respondents Mr.Amit Peswani, Adv. for Ms.Nandita Rao, ASC(Crl) with SI Yatendra Singh. Mr.Yogesh Sharma, Adv. for R-2 with R-2 in person.

Through:

CORAM:HON'BLE MR. JUSTICE NAVIN CHAWLA

O R R% 20.02.2024

CRL.M.A. 5444/2024 (Exemption)

1.Allowed, subject to all just exceptions.

W.P.(CRL) 595/2024

2.This petition has been filed under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No.0887/2014 registered at Police Station: New Ashok Nagar, Delhi under Sections 295A/323/506 of the Indian Penal Code, 1860 (in short, ‘IPC’) along with all other proceedings emanating therefrom.

3.Issue notice.

4.Notice is accepted by Mr.Amit Peswani, Advocate for Ms.Nandita Rao, ASC (Crl) and Mr.Yogesh Sharma, Advocate for

respondent no.2. The learned counsel for the petitioner submits that parties have amicably settled their inter se disputes.

5.The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer (IO), does not oppose the present petition and reiterates that the dispute has been amicably settled out of her own free will and without any coercion, and affirms the above averments and submits that she has no objection if the present FIR is quashed.

6.I have perused the contents of the FIR and the accompanying affidavits of the parties giving no objection to quashing of the present FIR.

7.Considering the above submissions, and the fact that the Respondent no.2 does not wish to pursue her complaint any further, I find that no useful purpose will be served in continuing with the proceedings of the above FIR; it would rather create further acrimony between the parties and would be an unnecessary burden on the state exchequer.

8.Guided by the principles enunciated by the Supreme Court in its judgments in State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335; Gian Singh v. State of Punjab, (2012) 10 SCC 303; Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58, 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 FIR and all the proceedings emanating therefrom.

9.Accordingly, the petition is allowed. Consequently, FIR No.0887/2014 registered at Police Station: New Ashok Nagar, Delhi under Sections 295A/323/506 of the IPC and all consequential

proceedings emanating therefrom against the petitioner are quashed.

NAVIN CHAWLA, J

FEBRUARY 20, 2024/Arya/amClick here to check corrigendum, if any