CRL.M.C./1297/2024 of HARMEET SINGH TALWAR Vs STATE OF NCT OF DELHI & ANR. & ORS.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 1297/2024 HARMEET SINGH TALWAR

..... Petitioner Through: Mr.Manish Baidwan, Adv.

versus

STATE OF NCT OF DELHI & ANR.

..... Respondents Through: Mr.Satinder Singh Bawa, APP with SI Parmila and ASI Neeraj R-2 in person.

CORAM:HON'BLE MR. JUSTICE NAVIN CHAWLAO R R% 16.02.2024

CRL.M.A. 5094/2024

1.Allowed, subject to all just exceptions.

CRL.M.C. 1297/2024

2.This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.') seeking quashing of FIR No. 0484/2018 registered at Police Station: Dwarka South, Delhi under Section 354 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of settlement.

3.Issue notice.

4.Notice is accepted by Mr.Satinder Singh Bawa, learned APP for the respondent no.1.

5.The learned counsel for the petitioner submits that the parties,

that is, the petitioner and the respondent no.2 have amicably settled their inter se disputes and have entered into settlement vide Settlement Deed dated 15.01.2024.

6.The petitioner and the respondent no.2 are happily living together.

7.The respondent no.2 is present in person and has been duly identified by the Investigating Officer (IO). The respondent no.2 affirms that she has settled all the disputes with the petitioner of her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed.

8.I have perused the contents of the FIR and also the settlement between the parties.

9.Keeping in view the fact that the respondent no.2 does not wish to pursue her complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as the chances of its success will be rather minuscule and it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

10.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 3, 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.

11.Accordingly, the petition is allowed. FIR No. 0484/2018 registered at Police Station: Dwarka South, Delhi under Section 354 of IPC and all consequential proceedings emanating therefrom against the petitioner are quashed.

12.The petition is disposed of in the above terms.

FEBRUARY 16, 2024/ns/rp

NAVIN CHAWLA, J

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