CRL.M.C./3114/2022 of RAHUL RANJAN Vs STATE AND ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 3114/2022 & CRL.M.A. 13139/2022 RAHUL RANJAN ..... Petitioner

..... Petitioner Through: Mr.Sidharth Joshi, Mr.Ambraeen, Mohd. Zala, Mr.Vikrant B.Sharma, Advs.

versus

STATE AND ANR.

..... Respondents Through: Mr.Aman Usman, APP with ASI Sandeep Singh. Mr.Harsh Sharma, Mr.Hemant Sharma, Advs. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLAO R R22.03.2024

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.445/2016, registered at Police Station: Hauz Khas, New Delhi, under Section 408 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of settlement.

2.The learned counsel for the petitioner submits that the subject FIR was result of the disputes between the employee and employer. He submits that the parties, that is, the petitioner and the respondent no.2 have amicably settled their inter se disputes and have entered into settlement vide MOU dated 09.12.2021.

3.The respondent no.2 is present in person in Court and has been

duly identified by the Investigating Officer (IO). The respondent no.2 affirms that he has settled all the disputes with the petitioner 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.

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

5.As the dispute is between the employer and the employee, and now the same has been amicably settled, and also looking into the nature of the allegations made in the complaint, in my opinion, no useful purpose would be served in keeping the FIR alive. In fact, it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

6.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.

7.Accordingly, the petition is allowed. FIR No.445/2016, registered at Police Station: Hauz Khas, New Delhi, under Section 408 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner shall deposit costs of Rs.25,000/- with the Delhi Police Martyrs’ Fund, [Bank Name: UCO Bank, IIPA, ITO, New Delhi, A/c

No. 18200110036907], within period of two 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. 8.The pending application is also disposed of.

MARCH 22, 2024 RN

NAVIN CHAWLA, J

Click here to check corrigendum, if any