CRL.M.C./3004/2024 of RAKESH LUTHRA Vs THE STATE(GOVT. OF NCT OF DELHI) & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 3004/2024 RAKESH LUTHRA ..... Petitioner

..... Petitioner Through: Mr.I.N. Thakur and Mr.R.K. Thakur, Advs.

versus

THE STATE(GOVT. OF NCT OF DELHI) & ANR.

..... Respondents

Through: Mr.Satinder Singh Bawa, APP with W/SI Manju Redhu Ms.Sakshi, Adv. for R-2 along with R-2 (through VC)

CORAM:HON'BLE MR. JUSTICE NAVIN CHAWLAO R R% 22.04.2024CRL.M.A. 11570/2024 (Exemption)

1.Allowed, subject to all just exceptions.

CRL.M.C. 3004/2024 & CRL.M.A. 11571/2024

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.825/2014 registered at Police Station: Timarpur under Section 354 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, based on settlement.

3.Issue Notice.

4.Notice is accepted by Mr.Satinder Singh Bawa, learned APP and by Ms.Sakshi, Advocate for the respondent no.2. and by Ms.Sakshi, Advocate for the respondent no.2.

5.The petitioner and the respondent no.2 were known to each other,

and the disputes between them arose on account of misunderstanding, which led to respondent no.2 lodging the FIR in question.

6.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 executed settlement vide Memorandum of Understanding dated 02.04.2024, and have moved on in their lives.

7.The respondent no.2, who is present in court virtually and has been duly identified by the Investigating Officer (IO), does not oppose the present petition, joins in the prayer of the petitioner, and states that she does not have any objection if the FIR and the proceedings emanating therefrom are quashed. She submits that she is making this statement out of her own free will and without any coercion.

8.I have perused the contents of the FIR and also the settlement arrived at 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 it would 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, 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 present petition is allowed. FIR No.825/2014 registered at Police Station: Timarpur under Section 354 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed. The pending application also stands disposed of being rendered infructuous.

APRIL 22, 2024/ns/am

NAVIN CHAWLA, J

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