CRL.M.C./14/2024 of SHALU@ANUPA & ORS. Vs THE STATE NCT OF DELHI & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 14/2024

SHALU@ANUPA & ORS. ..... Petitioners Through: Ms.Shalini Sharma, Adv. versus

THE STATE NCT OF DELHI & ANR. ..... Respondents Through: Mr.Aman Usman, APP with IO. Ms.Shilpa, Adv. for R-2 along with R-2 in person.

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

08.02.2024

1.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.2188/2015 registered at Police Station: Mehrauli, South, Delhi under Sections 354/354A/452/506/34 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of settlement.

2.The petitioners and the respondent no.2 are relatives residing in the same neighbourhood and the disputes arose out of some petty issues between the parties, which led to the filing of the above FIR.

3.The learned counsel for the petitioners submits that the parties have amicably settled their inter se disputes and have entered into settlement vide Settlement deed dated 10.02.2020.

4.The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that she has settled all the disputes with the petitioners on her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed.

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

6.Keeping in view the fact that parties are the relatives and 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.

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 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.

8.Accordingly, the petition is allowed. FIR No.2188/2015 registered at Police Station: Mehrauli, under Sections 354/354A/452/506/34 of IPC and all consequential proceedings emanating therefrom against the petitioners are quashed.

9.The petition is disposed of.

FEBRUARY 8, 2024

NAVIN CHAWLA, J

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