CRL.M.C./1926/2022 of SUDESH KUMAR Vs THE STATE & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 1926/2022 SUDESH KUMAR ..... Petitioner Through: Ms.Pallavi Vashist, Adv. versus

THE STATE & ANR. ..... Respondents

Through: Mr. Shoaib Haider, APP alongwith SI Durgesh. Ms.Gunjan Sansanwal, Adv. for R-2 to R-5.

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

04.03.2024

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. 523/2015 registered at Police Station: Bindapur, South-West District, Delhi under Sections 419/420/468/471 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of settlement.

2.The petitioner and the respondent nos.2 to 5 in this petition are family members 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 petitioner submits that the parties have amicably settled their inter se disputes and have entered into settlement vide Compromise Deed dated 01.02.2021.

4.The respondent nos.2 to 5 are present in Court and have been duly identified by the Investigating Officer (IO), and they reaffirm the abovementioned settlement and state that they have settled all the disputes with the petitioner out of their own free will and without any

coercion. The respondent nos.2 to 5 submit that they have no objection if the present FIR is quashed.

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

6.Keeping in view the fact that the respondent nos.2 to 5 do not wish to pursue their 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 it would 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 335, 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. 523/2015 registered at Police Station: Bindapur, South-West District, Delhi under Sections 419/420/468/471 of IPC and all consequential proceedings emanating therefrom against the petitioner are quashed.

MARCH 4, 2024/rv/AS

NAVIN CHAWLA, J

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