CRL.M.C./2532/2024 of RITIK GUPTA AND OTHERS Vs STATE OF N.C.T. OF DELHI AND OTHERS

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 2532/2024 RITIK GUPTA AND OTHERS

..... Petitioners Through: Mr.Faiz Imam, Adv. with petitioners in person.

versus

STATE OF N.C.T. OF DELHI AND OTHERS

..... Respondents Through: Mr.Aman Usman, APP with SI Deepak Sahu Mr.Ravikant Kaushal, Adv. for R-2 and R-3 along with R-2 and R-3 in person.

CORAM:HON'BLE MR. JUSTICE NAVIN CHAWLAO R R% 01.04.2024CRL.M.A. 9667/2024 (Exemption)

1.Allowed, subject to all just exceptions. CRL.M.C. 2532/2024

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.0041/2022 registered at Police Station: Pul Prahladpur, District South-East, Delhi under Sections 307/323/341/506/34 of the Indian Penal Code, 1860 (in short, ‘IPC’) and Section 25 of the Arms Act, 1959 (in short, ‘Arms Act’), along with all other proceedings arising therefrom, on the basis of settlement.

3.Issue notice.

4.Notice is accepted by Mr.Aman Usman, learned APP and by Mr.Ravikant Kaushal, learned counsel for the respondent nos.2 and 3. 5.The learned counsel for the petitioners submits that the petitioners and the respondent nos.2 and 3 are neighbours and the disputes arose out of some petty issues between the parties, which led to the filing of the above FIR.

6.The learned counsel for the petitioners submits that the parties have now amicably settled their inter se disputes and have entered into settlement vide Memorandum of Settlement/Settlement Deed dated 29.11.2023.

7.The respondent nos.2 and 3, who are present in person in Court and have been duly identified by the Investigating Officer (IO), affirm the settlement and state that they have settled all the disputes with the petitioners out of their own free will and without any coercion. The respondent nos.2 and 3 submit that they have no objection if the present FIR is quashed.

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

9.Keeping in view the fact that parties are neighbours and the respondent nos.2 and 3 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 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 335, Narinder Singh v. State of Punjab, (2014) 6 SCC 466; The State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688, 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.0041/2022 registered at Police Station: Pul Prahladpur, District South-East, Delhi under Sections 307/323/341/506/34 of the IPC and Section 25 of the Arms Act, and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners shall deposit costs of Rs.30,000/- each, with “The Blind Relief Association, Delhi” State Bank of India, IOC Branch, Lodhi Road, New Delhi, Account No.30003044419, IFSC Code: [REDACTED] within period of four weeks from today, and file proof of such deposit with the Registry of this Court and also supply copy thereof to the IO, within the said period.

APRIL 1, 2024/ns/ss

NAVIN CHAWLA, J

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