CRL.M.C./3548/2024 of SHIVAM DHAWAN @ SAHIL AND ORS Vs STATE OF NCT OF DELHI & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3548/2024

SHIVAM DHAWAN @ SAHIL AND ORS

..... Petitioners

Through: Petitioners with their counsel Ms. Poonam B. Sharma, Adv.

versus

STATE OF NCT OF DELHI & ANR.

..... Respondents

Through: Mr. Satish Kumar, APP for the State along with Ms. Nikita Anand, Mr. Sahil Sharma and Mr. Ashok Kumar Shukla, Advocates along with SI Jhabar Mal, P.S. Mohan Garden and SI Puran Singh, P.S. Dabri. R-2 in person. along with Ms. Nikita Anand, Mr. Sahil Sharma and Mr. Ashok Kumar Shukla, Advocates along with SI Jhabar Mal, P.S. Mohan Garden and SI Puran Singh, P.S. Dabri. R-2 in person.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R R% 06.05.2024

CRL.M.A. 13642/2024 (exemption)

1.Allowed, subject to all just exceptions.

2.Application stands disposed of.

CRL.M.C. 3548/2024

3.The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners praying for quashing of FIR bearing No. 551/2017 registered at Police Station Dabri, Delhi for offences punishable under Sections 323/506/509/34 of the Indian Penal Code.

4.Notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.

5.Brief facts of the case are that, the present FIR was lodged on the complaint of respondent No. 2 on 14.09.2017 regarding property disputes. The charges in this case have not been framed, yet. However, both the parties are close relatives and wish to settle the matter.

6.Petitioners are present before this Court and have been identified by their counsel Ms. Poonam B. Sharma and SI Jhabar Mal from Police Station Mohan Garden and SI Puran Singh from Police Station Dabri.

7.On query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties before Delhi Mediation Centre, Rohini Courts, Delhi on 24.11.2021.

8.Today, the complainant who is present in Court states that she has received all amounts due to her and has no objection if the FIR is quashed.

9.In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is family matter, I am of the opinion that no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.

10.Accordingly, FIR bearing No. 551/2017 registered at Police Station

Dabri, Delhi for offences punishable under Sections 323/506/509/34 of the IPC and all consequential proceedings emanating therefrom are quashed, subject to the payment of costs of Rs.15,000/- to be deposited by all the petitioners with Delhi High Court Advocates‟ Welfare Fund within 10 days from today.

11.The petition stands disposed of.

12.The order be uploaded on the website forthwith.

MAY 6, 2024/A

SWARANA KANTA SHARMA, J

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