CRL.M.C./2584/2022 of TRILOK CHAND SHARMA Vs THE STATE & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 2584/2022

TRILOK CHAND SHARMA & ORS. ..... Petitioners

Through: Mr.R.K. Singh, Adv. versus

THE STATE & ANR. ..... Respondents

Through: Mr.Satinder Singh Bawa, APP. SI Sudhir Rathi, PS Burari. Mr.K.B. Sharma, Mr.Akhilesh Kumar & Mr.Aaftab Hussain, Advs. for R-2

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. 0157/2016 registered at Police Station: Burari, North-District, Delhi, under Sections 324/341/34 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 next-door neighbours and the disputes arose out of some petty issues between the parties, which led to the filing of the abovementioned 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/Memorandum of Understanding dated 24.12.2019 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi.

4.The respondent no.2 is personally present in the Court and has

been duly identified by the Investigating Officer (IO). He reaffirms the abovementioned settlement and states that he has settled all the disputes with the petitioners out of his own free will and without any coercion. The respondent no.2 submits that he has 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 parties are neighbours and that the respondent no.2 does not wish to pursue his 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 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. 0157/2016 registered at Police Station: Burari, North-District, Delhi under Sections 324/341/34 of IPC 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/- jointly or severally with the Delhi State Legal Services Authority 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.

9.The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing support to the Acid Attack Victims requiring such assistance.

MARCH 4, 2024/rv/ss

NAVIN CHAWLA, J

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